NEW YORK -- An obstetrician dubbed "Dr. Zorro" after he carved his initials into a patient's abdomen when he delivered her baby has been indicted on assault charges.
Allan Zarkin, 61, was accused of cutting his initials "AZ" with a scalpel into the lower abdomen of Liana Gedz, 31, after delivering her baby by Caesarian section at Beth Israel Hospital on Sept. 7, 1999.Zarkin pleaded not guilty to two counts of first-degree assault at his arraignment in Manhattan's State Supreme Court on Wednesday. Acting Justice Brenda Soloff released him without bail and scheduled a hearing for March 14.
Zarkin, whose license to practice medicine was revoked by the state Department of Health last week, faces up to 25 years in prison if he is convicted. The charge carries a mandatory minimum sentence of five years.
Barry Fallick, Zarkin's lawyer, admits that his client cut the letters into Gedz, who is a dentist, but says his client is not responsible because he suffers from a brain disease that impairs his judgment.
"Dr. Zarkin is very sorry for what happened to Dr. Gedz," Fallick said. "He never meant to hurt her. He has an organic brain disorder." The lawyer added that Zarkin is in treatment for the problem.
Gedz, who is suing Zarkin for $5 million, asked prosecutors to spare the doctor when she was subpoenaed to testify in the grand jury, her lawyer, Robert Sullivan, said.
"He's lost his license, a lifetime consequence," Sullivan said. "It's not like he's a danger to society. He's not going to be in an operating room with a scalpel, so it's a waste of taxpayer's money."
Manhattan District Attorney Robert Morgenthau replied, "This is not a private lawsuit. This is a public prosecution. What we're prosecuting here is a crime."