Accompained by his wife, Diane Smith Levine, Dr. Jack M. Levine leaves the parking lot of the Pike County Court on Monday, Feb. 11. Though a trial date was set for Feb. 21 on the sexual imposition charge pending against Dr. Levine, prosecutors said the case could be dismissed in favor of persuing felony drug charges against him. (Photos by Lawrence Smith)
Moraleja
WAVERLY, Ohio – Fighting allegations of sexual misconduct may the least of Dr. Jack M. Levine’s worries as prosecutors announced their intention to file drug charges against the former Mason County physician.
On Feb. 11, a pre-trial hearing was scheduled on the state of Ohio’s case against Levine for sexual imposition. Originally, the hearing was set for Jan. 16, but postponed due to the Pike County Prosecutor’s Office not turning over certain evidence in time.
On Dec. 21, Levine was arrested and charged with one count of sexual imposition, a misdemeanor. According to court records, a female patient seeking treatment from Levine for an addiction to prescription pain medication alleged Levine, on at least one occasion, touched her in a manner she felt inappropriate.
The hearing, which was set to start at 8:30 a.m., never formally took place as about an hour later Levine was observed leaving a side entrance to the Pike County Court with his wife, Diane Smith Levine, in an attempt to elude media. As reporters caught up with Levine in the parking lot, he and his wife left in a Jeep Cherokee without making a comment.
However, Levine’s attorney Thomas Spetnagel, with the Chillicothe, Ohio law firm of Spetnagel and McMahon later told reporters that a trial date on the sexual imposition charge was scheduled for Thursday, Feb. 21. Spetnagel said his client is innocent of the accusation leveled against him.
“If this case isn’t dismissed by the 21st, it will be tried,” Spetnagel said. “It will be tried and dismissed.”
Also, Spetnagel confirmed that since his arrest, Levine was placed on paid administrative leave from Pike Community Hospital where he’d been on staff since late 2006.
A few hours later, Anthony Moraleja, assistant Pike County prosecutor, spoke with reporters about the case. Though he acknowledged the Feb. 21 trial date on the sexual imposition charge, Moraleja said it might be dismissed in order for the state to focus on more serious issues.
“He’s got more problems than the initial charge,” Moraleja said.
Though cautious in disclosing the particulars of the allegations, Moraleja said, “they are drug-related felonies.” The state, Moraleja said, intends to present evidence that Levine engaged in “inappropriate prescriptions” of controlled substances for not only his patients, but also himself.
According to Moraleja, the Pike County grand jury is scheduled to meet on Feb. 28 to consider the state’s evidence on the drug charges. However, he said the charges are likely to be filed sooner.
Should the charges be filed prior to Feb. 21, Moraleja said the state would ask that the sexual imposition case be dismissed.
Depending on the outcome of the drug charges, the state will decide on whether to refile the case.
The prosecutor’s office, Moraleja said, offered Levine the opportunity to pled guilty to the sexual imposition charge in exchange for it not filing the drug charges. Because such a conviction would carry greater weight with the Ohio Medical Board, Moraleja said Levine declined to accept the offer.
Though sexual imposition is only a misdemeanor, Moraleja said OMB takes conviction of any crime of “moral turpitude” seriously when considering how to proceed when disciplining a physician. Likewise, a conviction for sexual imposition would require that Levine register as a sex offender in Ohio.
An OMB official, Randy Beck, was present Monday for the hearing.
However, he declined to make any comments to reporters.
Pike, Ohio, County Court, Case No. 07-CRB-1035