BELL COUNTY, Texas (KXXV) — A Bell County judge on Thursday rejected a motion to dismiss a civil sexual assault lawsuit against former Fort Hood OB-GYN Maj. Blaine McGraw.
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He appeared in court Thursday for a hearing on the motion to dismiss he filed January 30.
McGraw is representing himself from jail as he faces allegations of secretly recording and inappropriately touching patients during private exams.
25 News' Bella Popadiuk has been following this lawsuit since November, when the Cobos Law Firm first filed claims against McGraw on behalf of dozens of former patients identified as Jane Does in Bell County Court.
McGraw appeared in court Thursday wearing an orange jumpsuit and leg shackles for a hearing on the handwritten motion to dismiss he filed Jan. 30.
McGraw got to make his case first, saying the Federal Tort Claims Act is the proper path to deal with the allegations, not a lawsuit in Bell County Court. He told the court the prosecution is trying to "have their cake and eat it too," claiming they are trying to sue both him as an individual and the federal government. He added that he hopes his former patients find a remedy, but not in this court.
During the hearing, the judge reminded McGraw of his Fifth Amendment rights against self-incrimination. However, McGraw continued to make statements in the courtroom. Before the judge's ruling was handed down, McGraw told the court he "cares about his patients" and helped them "the best he could." He also added that hearing the allegations against him was "breaking his heart."
One of the most notable moments came when McGraw directly addressed Jane Doe 1 in the courtroom.
"Hearing his voice and knowing his presence was right there was very uncomfortable the whole time," Jane Doe 1 said.
Meanwhile, one of McGraw's former patients involved in the criminal case against him said she and the other women were approached about the possibility of a plea deal for him. She said several of them declined and did not want him to have that option.
After the hearing, McGraw filed a motion for special exception. It's a procedural tool used to challenge defects, vagueness, or legal insufficiencies in an opponent's pleadings.
McGraw claims in the 13-page motion the Bell County District Court lacks jurisdiction over the case and that it belongs in federal court under the Federal Tort Claims Act due to the allegations against him occurred on federal property and by a federal employee.
READ MORE: Former Fort Hood medical officer held in pretrial confinement
He also argues the Bell County Jail violated its contract with the Army by leaking his mugshot photo and case details to news outlets within hours of his arrival, despite requirements to keep such information sealed for soldiers in pretrial confinement.
The motion argues that adjudicating the case would require access to federal medical records and investigative documents that state courts cannot compel the federal government to provide.
READ MORE: Carlson Law Firm now representing nearly 30 alleged victims of suspended Army OB-GYN
According to the U.S. Army Office of Special Trial Counsel, the majority of the alleged offenses occurred during medical examinations with female patients at the CRDAMC.
