FORT HOOD, Texas (KXXV) — Former Army doctor Blaine McGraw faced a more than six-hour Article 32 preliminary hearing Tuesday as prosecutors outlined what they called a pattern of abuse, manipulation and secret recordings.
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Military prosecutors laid out their case against former Fort Hood Army doctor Blaine McGraw during a lengthy Article 32 preliminary hearing Tuesday.
McGraw is accused of crimes involving up to 97 alleged victims, including indecent recordings, sexual assault, extramarital sexual conduct, and attempting to influence testimony in his child custody case. Currently, the charges preferred include 96 alleged victims, but military prosecutors also presented evidence for an additional victim, who could potentially be preferred in the future and will not need to go through a separate preliminary hearing since the evidence for it was presented at this one.
The more than six-hour hearing included testimony from two Criminal Investigation Division special agents and a military OB-GYN expert.
CID Special Agent Matt Walters testified that the investigation began after a husband allegedly discovered McGraw recording during a medical exam. Walters told the court that McGraw admitted to recording patients during an interview with investigators, claiming he used the recordings to document visits because he was overworked.
The court also heard details from a second sworn statement in which investigators say McGraw discussed having "voyeuristic tendencies" as a teenager and said those feelings returned after a deployment to Syria. The defense objected to those statements, arguing that events from decades ago are not relevant to the current case.
Digital forensic examiner Special Agent Matthew Yokubaitis testified that investigators found videos, photos, and thumbnail images on McGraw's phone, SD card, email and laptop — including recordings of women during exams and allegedly private recordings of an 18-year-old in a shower at her home.
Prosecutors also accused McGraw of moving patient recordings to a personal Google account and having an affair with a patient while married.
One disturbing allegation involved a patient who said she saw McGraw outside of clinic hours, near labor and delivery. According to the allegation, McGraw performed a membrane sweep or pelvic exam, broke her water and then told her to go home before going to the hospital so they would not get in trouble.
The government's medical expert, Col. Dr. Erin Keyser, reviewed approximately 150 patient cases. She determined 48 to 50 were within the standard of care, meaning nearly 100 were deemed not within the standard of care. Keyser told the court she observed a pattern of unnecessary breast exams, limited use of chaperones and what she described as deceptive practices to get patients to consent to sensitive exams.
McGraw appeared in court in his Army uniform, did not testify and spoke only briefly to answer procedural questions.
After prosecutors finished their case, the defense chose not to present any witnesses or make a closing argument.
The preliminary hearing officer will now review the evidence and determine whether there is probable cause for each charge before making a recommendation on whether the case should move to a general court-martial.
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