Prison Doctor's Lawyer Says Inmates Initiated Sex with Him

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By Fort Worth Star-Telegram

Published: 06/05/2003

The defense attorney of a former prison doctor accused of sexually abusing three inmates at Fort Worth's federal prison for women says the sex was consensual and initiated by the inmates.
The physician, Dr. Carlos Baez, 41, wearing a dark suit, calmly pleaded not guilty at his arraignment before U.S. Magistrate Judge Charles Bleil on May 28.
Bleil ordered Baez to surrender his passport to authorities but allowed him to remain free before trial.
In an interview after the hearing, defense attorney Francisco Hernandez questioned the inmates' motivation in accusing Baez.
'The women sought him out,' Hernandez said. 'We are dealing with accusations of consensual sex. This is not about rape or sexual abuse the way it is commonly understood. My initial take is that somebody is making false allegations to cut a deal to get out of prison.'
Prosecutors say federal law clearly outlaws even consensual sex between persons in positions of authority and inmates.
Baez was indicted this month on three counts of 'sexual abuse of a ward' involving inmates under his 'custodial, supervisory and disciplinary authority.' Prosecutors allege the offenses -- punishable by up to a year in prison -- occurred between November and January.
'Congress has enacted a statute that says, no matter whether it is consensual or not, if a person of authority in prison has sex with an inmate, it is a crime,' Assistant U.S. Attorney Richard Roper said.
The offense is a misdemeanor if the sex is consensual and is bumped up to a felony if it involves rape, with potentially long prison sentences up to life, Roper said.
Baez, an obstetrician-gynecologist, was one of 10 staff physicians at the Federal Medical Center Carswell.
He was hired by the Federal Bureau of Prisons on Dec. 2, 2001, as a medical officer at FMC Carswell at an annual salary of $122,746. He resigned March 21.
An executive with the Federation of State Medical Boards of the United States said earlier that a doctor having a sexual relationship with a patient violates the patient's trust and most likely would lose his license for unprofessional conduct if found guilty.
Baez, who is licensed in Puerto Rico, was disciplined by the Arizona Medical Board last October for falsifying patient records and providing substandard care to a woman who almost died from post-surgical complications in October 2000, records show.
On Oct. 3, the Arizona Medical Board issued a letter of reprimand and put Baez on two years' probation.

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