Attorneys react after jury acquits Dr. Van de Loo - WQOW TV: Eau Claire, WI NEWS18 News, Weather, and Sports

Attorneys react after jury acquits Dr. Van de Loo

Posted:

Superior (WQOW) - A jury has acquitted a doctor from Eau Claire in a sexual assault trial.

Jurors reached their verdicts after almost 22 hours of deliberation.  Former Eau Claire pediatrician Dr. David Van de Loo was acquitted on 14 of the 16 counts against him.  He was accused of sexually assaulting adolescent male patients.  On two other counts, the jury deadlocked, and a mistrial was declared.  "Twenty-two hours of agonizing wait culminates in an extreme amount of satisfaction. This was an extremely difficult trial for Dave and his family and you can't describe it any other way than, in the end, Dave was vindicated," said Rich White, defense attorney.

Eau Claire County District Attorney Gary King, who spent the past one and a half years preparing the prosecution's case, had this to say:  "We are extremely disappointed in the verdict.  At the same time, any time the jury deliberates for 22 hours, clearly there was merit to the case," said King.

King would not comment on whether he would seek a retrial on the remaining two charges on which the jury deadlocked.  White acknowledged that with those two counts still up in the air, and with Van de Loo facing numerous civil suits, his troubles are not over, "There's no question that this is hardly the end of an entirely difficult situation.  Quite frankly, it's a hell of a start," said White.

All of the attorneys in this case said the lengthy jury deliberations were the longest, or one of the longest, they had ever seen, some calling it 'intense' and 'agonizing.' 

Full list of counts and verdicts:

Count 1 - 2nd Degree Sexual Assault by Employee of Entity (Felony C) - hung jury/mistrial

Count 2 - Exposing genitals or pubic area (Felony I) - hung jury/mistrial

Count 3 - Sexual Assault of a Child Under 16 Years of Age (Felony C) - not guilty

Count 4 - Sexual Assault of a Child Under 16 Years of Age (Felony C) - not guilty

Count 5 - Sexual Assault of a Child Under 16 Years of Age (Felony C) - not guilty

Count 6 - 1st Degree Child Sex Assault - Contact with a Child Under Age of 13 (Felony B) - not guilty

Count 7 - Sexual Assault of a Child Under 16 Years of Age (Felony C) - not guilty

Count 8 - 2nd Degree Sexual Assault by Employee of Entity (Felony C) - not guilty

Count 9 - Sexual Assault of a Child Under 13 Years of Age (Felony B) - not guilty

Count 10 - Sexual Assault of a Child Under 16 Years of Age (Felony C) - not guilty

Count 11 - Sexual Assault of a Child Under 16 Years of Age (Felony C) - not guilty

Count 12 - Sexual Assault of a Child Under 16 Years of Age (Felony C) - not guilty

Count 13 - 1st Degree Child Sex Assault - Contact with a Child Under Age of 13 (Felony B) - not guilty

Count 14 - 2nd Degree Sexual Assault by Employee of Child Welfare Agency or Care/Service Residential Facility (Felony C) - not guilty

Count 15 - 2nd Degree Sexual Assault of Child (Felony C) - not guilty

Count 16 - 2nd Degree Sexual Assault by Employee of Child Welfare Agency or Care/Service Residential Facility (Felony C) - not guilty

**********************

Superior (WQOW) - UPDATE: Jurors have found Dr. David Van de Loo not guilty of 14 of 16 charges in his sexual assault trial.  Jurors deadlocked on the first two charges and the judge declared a mistrial on those two counts.  More information coming soon.

**********************

Superior (WQOW) - The judge says they cannot push the jury anymore and will bring the jury in to read the 14 verdicts. We will have those verdicts soon. Stay tuned.

***********************

Superior (WQOW) - Jurors in the trial of former Eau Claire pediatrician Dr. David Van de Loo have reached verdicts in 14 of the 16 charges against him, and remain deadlocked on the final two.

At around 3:15 p.m. Thursday afternoon, jurors sent a note to the judge saying that they are still stuck on two charges.  The judge told the jury to return to their room one more time to make an honest attempt to reach a verdict.

Continue to stay with WQOW News 18 for the latest on the trial. We'll provide updates here and on air as they become available.

******************************

Superior (WQOW) - Heading into the third day of deliberation and still no verdict in the Van de Loo trial. The former pediatrician from Eau Claire faces 16 charges, most related to sexual assault. He's accused of assaulting young, male patients.

Around 6:30 p.m. Wednesday night the jury was sent home.  District attorney Gary King called the long wait for a verdict "intense."

Prosecutors and defense attorneys were called to the courtroom several times Wednesday when the jury sent notes to the judge with questions -- first, requesting summaries of the alleged victims' visits with Van de Loo. That was allowed, but the judge later denied the jury's request for the boys' complete medical records and transcripts of all investigative interviews of the boys.

Perhaps the most telling question from the jury was a request for clarification of the definition of 'sexual gratification.' Most of the charges require that the jury determine whether Van de Loo acted with intent to become aroused or gratified.

Before the jury was dismissed Wednesday night the judge shared some words of advice.

Including two hours on Tuesday night, the jury has now spent 12 hours deliberating the 16 charges, and still no verdict.  All of the jurors appeared unhappy at the end of the day, so Judge Michael Schumacher indicated they should stop thinking about the case for the night. "You've had a long day," he said. "Relax now tonight. Watch some TV, listen to some music, play with the kids, whatever. Relax a little bit."

Defense Attorney Rich White wouldn't speculate whether the lengthy deliberations were a good sign for his client.  White says he's seen juries deliberate just as long in other cases, sometimes returning guilty verdicts, other times, not guilty.

Deliberations will resume Thursday morning.

*******************************

Superior (WQOW) - Deliberations have been paused as the trial of a former pediatrician from Eau Claire nears a close.

Doctor David Van de Loo is accused of sexually assaulting male patients. The case went to the jury Tuesday afternoon.  Just before 6 o'clock, after a few hours of deliberation, the jury was sent home for the evening. 

WQOW News 18's own Keith Edwards has been covering the trial since its start, and was in the Superior courtroom on Tuesday. The jury started deliberations around 3:40, after hearing closing arguments from the prosecution and defense. 

Assistant Attorney General Karie Cattanach told jurors that the ability to have power and control over children aroused Doctor Van de Loo. "He had a type he liked of adolescent males. He liked the athletes ages 9 to 19. He selected the ones he had more contact with, the ADHD patients, those that might not have as much parental support. Those that had grandma bringing them in. Somebody with diabetes, someone he could get closer to. Someone he could get to trust him." Cattanach closed by telling jurors not to let the victims down.  That statement prompted a request for a mistrial by defense attorney Stephen Hurley.  The judge denied the request.

In his closing argument, Hurley told jurors that of Van de Loo's 3,000 patients, only 14 had come forward to say they were assaulted.  He also said the young boys didn't even think they had been assaulted at the time.  "They're told that by the media, by their parents, by Mayo Clinic, by the police, by the district attorney, by the victim witness coordinator, by the interviewer, by the lawyers hired by their families to bring civil cases," said Hurley. "They're all being told they are a victim and they all believe it."

The jury is now considering verdicts on each of the 16 charges against Van de Loo. All but one of those counts is a charge of sexual assault. The jury will once again begin deliberations Wednesday morning at 8:30.

********************************************

Superior( WQOW) - The case against a doctor from Eau Claire could go to the jury tomorrow.

Monday, testimony continued in the trial in Douglas County.

Dr. David Van de Loo is on trial for allegedly sexually assaulting boys, who were patients

The defense called Eau Claire Police Detective Paul Becker to the stand. He examined Van de Loo's home computers and cell phone for and testified that no child pornography was found. 

"Was there any evidence of child pornography found on the office cell phone or computer?" asked Rich White, Van de Loo's Defense Attorney.

"No," said Paul Becker, Eau Claire Police Department Detective.

"Was there any evidence of adult pornography on the home items," asked White.

"No," replied Becker.

"Was there any evidence of adult pornography on office items," asked White.

"No," said Becker.

"Did you find any evidence that any of these items had been utilized to access pornographic sites," asked White.

"No," Becker said.

Also taking the stand, was a professor Columbia Medical University. Van de Loo has claimed he was checking male patients for STD's and abnormalities. The professor testified that Van de Loo's described methods are medically warranted and should be part of a yearly physical exam.  But under cross examination bell did acknowledge that masturbating a patient is not practicing medicine

The defense also called several character witnesses including a colleague of Van de Loo's, his wife of 25 years, one of their sons, and a woman whose five sons were treated by the doctor. Nearly 50 witnesses have already testified in this trial.

Tuesday, the defense intends to call a memory expert to the stand to testify that humans are very bad at estimating time. That is a reference to the alleged victims recollection of how long the alleged assaults lasted.

--------------------------------------------------------------------

Superior (WQOW)-Testimony continues today in the trial of a former Eau Claire pediatrician. Our reporter in the courtroom says Dr. David Van de Loo's ex-wife and son, Mark testified today so far.

We have two reporters in the courtroom and will bring you the very latest on Eau Claire Own's News 18 at Five, Six and Ten, and of course right here on our website.

---------------------------------------------------------

STORY FROM 1/31/14

Superior (WQOW) - A former Eau Claire pediatrician took the stand in his own defense on Friday.

Dr. David Van de Loo is on trial for sexual assault. He's accused of assaulting more than a dozen boys who were patients. The case was moved to Superior because of pre-trial publicity.

On Thursday, the prosecution rested its case against Van de Loo. The defense now has its turn, and Van de Loo was called to the stand. He described his education and professional standing. He maintains there were legitimate medical reasons for all of the genital checks he performed on his patients. However, he admits, there is one exam that left a patient upset.

"I was thinking that it was important to make the diagnosis and, you know, I should have stopped and thought about how he was perceiving it, I should have," said Dr. Van de Loo. "I thought I was communicating but I should have communicated more. I should have talked to him. I should have called his parents."

The trial is scheduled to continue next week.

Powered by WorldNow
All content © Copyright 2000 - 2014 WorldNow and WQOW. All Rights Reserved.
For more information on this site, please read our Privacy Policy and Terms of Service and Mobile Privacy Policy & Terms of Service.

Persons with disabilities who need assistance with issues relating to the content of this station's pubic inspection file should contact News Director Dan Schillinger at 715-852-5920. Questions or concerns relating to the accessibility of the FCC's online public file system should be directed to the FCC at 888-225-5322, at 888-835-5322 (TTY) or at fccinfo@fcc.gov.