- EXHIBIT A is a sketch drawn by Patient 1 of an erect penis that she alleged was a depiction of Dr. Day’s penis.
B is a photo taken by the Sexual Assault Nurse Examiner (SANE) of Dr. Day’s flaccid penis showing “no-match” with EXHIBIT A. (The detective swore out a false affidavit stating that the sketch in EXHIBIT A AND the photo in EXHIBIT B
resembled each other when clearly they do not).
- EXHIBIT C contains specific rebuttals to the individual complainant allegations in the 07/25/2011 TMB Order concerning Calvin Lee Day, Jr., M.D. #G1883.
D details the untrue and inaccurate defamatory language contained in the 07/25/2011 TMB Order concerning Calvin Lee Day, Jr., M.D. #G1883 .
- EXHIBIT E details the online profile defamatory inaccuracies on the Texas Medical Board
website concerning Calvin Lee Day, Jr., M.D. #G1883
- EXHIBIT F contains unfairly prejudicial actions by the staff of the Texas Medical Board concerning Calvin Lee Day, Jr., M.D. #G1883.
- EXHIBIT G is
Dr. Day’s polygraph showing his innocence.
- EXHIBIT H contains pages 12-13 of the 6/11/2013 trial on the merits transcript re: Patient 1 retaining an attorney to represent her against the District Attorney because she did not
want to continue and wanted to plead the Fifth
- EXHIBIT I is the entire transcript of the 08/26/2013 Motion For New Trial Hearing
- EXHIBIT J references portions of Exhibits I and K regarding apparent prosecutorial
Misconduct in the Dr. Calvin Day case
- EXHIBIT K contains pages 10 and 24 of the 6/11/2013 trial on the merits regarding threats made by the First Assistant District Attorney against the attorneys for Dr. Day concerning an alleged
witness tampering investigation, when in fact, it was later disclosed that there never was such an investigation (See Exhibits J and I)
This EXHIBIT F contains unfairly
prejudicial actions by the staff of the Texas Medical Board concerning Calvin Lee Day, Jr., M.D. #G1883.
“TO KILL A MOCKINGBIRD”
The Unfairly Prejudicial
Actions by The Texas Medical Board Against Dr. Day Parallel Those In “To Kill A Mockingbird” because the Texas Medical Board never considered the fact that Dr. Day was innocent. In Harper Lee’s “To Kill A Mockingbird” Tom Robinson
was a black man who was unjustly convicted of rape and then shot 17 times during a staged escape attempt from jail. His conviction was a result of presumption of guilt views by the racially prejudiced media, public, and jury. Neither the jury, the public,
nor the media ever considered Robinson’s innocence. Apparently, similar thought processes are at play in Dr. Day’s case as evidenced by the actions of the Texas Medical Board enumerated below.
PREJUDICIAL ACTIONS BY THE STAFF OF THE TEXAS MEDICAL BOARD CONCERNING
CALVIN LEE DAY, JR., M.D.
1. On 06/14/2011, Dr. Day was notified by fax
that the Texas Medical Board had temporarily suspended Dr. Day’s medical license without notice, without a hearing, without reviewing any of the complaining witnesses’ medical records, and without giving Dr. Day an opportunity to submit rebuttal
evidence. The Texas Medical Board took action without due process illustrating their presumption of guilt mindset, similar to that depicted in “To Kill a Mockingbird."
07/25/2011, at a Texas Medical Board Hearing, a three-member panel of the Medical Board voted to continue the 06/14/2011 temporary suspension.
a. This decision was
unfairly prejudicial because it was accomplished
i. without the documentary rebuttal evidence contained in the medical records of the complainants, and
ii. without the documentary evidence contained in Dr. Day’s polygraph report, which shows his innocence.
iii. Indeed, the Texas Medical Board considered no materials except the allegations themselves, reminiscent of “To Kill a Mockingbird."
Day’s attorneys had in their possession the medical records of the complainants at the Hearing and they tendered this documentary evidence to the Panel Members, yet the Panel Members nevertheless denied admission of those documentary materials into evidence
and chose to continue the temporary suspension of Dr. Day’s medical license without examining this evidence.
c. In Texas Administrative Hearings, polygraphs are permitted to
be introduced as evidence. Dr. Day’s attorneys had in their possession a copy of Dr. Day’s polygraph (showing his innocence) at the Hearing and they tendered this polygraph documentary evidence to the Panel Members, yet the Panel
Members nevertheless denied admission of this documentary evidence and chose to continue the temporary suspension of Dr. Day’s medical license without examining a copy of his polygraph. EXHIBIT D is a copy of Dr. Day’s polygraph.
These willful actions by the Medical Board to consider only the allegations without examining the exculpatory documentary evidence illustrated their presumption of guilt mindset, similar to that depicted in “To Kill a Mockingbird."
3. Inasmuch as the Medical board did not review the medical records of the complainants, and did not review Dr. Day’s polygraph, the two Texas Medical Orders dated 06/14/2011 and 07/25/2011,
respectively, are based solely on unrebutted allegations, and nothing more.
4. Apparently, Gender Bias Was At The Root Of The Actions Taken By The Texas Medical Board
a. The Texas Medical Board held a Hearing on 07/25/2011 to determine whether to continue the Temporary Suspension of Dr. Day’s medical license. A three-member panel decided Dr. Day’s
fate and all three of the Medical Board Panel Members were women. Given the gender makeup of the Board at that time, the odds of having all three panel members be women was less than one in thirty (i.e., statistically significant, P=0.3). In other words, statistics
say, “the deck was stacked."
b. Not only were the three decision–makers on the panel all women, but the Executive Director of the Medical Board who orchestrated the hearing
was a woman, the two principal prosecuting attorneys were women, and the person who presided over the hearing was a woman.
c. Given these facts, gender bias apparently played a significant
role in the decision by the medical board to continue the temporary suspension of Dr. Day’s medical license.
d. An all white jury voted to convict Tom Robinson in “To
Kill A Mockingbird” and an all women Panel voted to continue the Temporary Suspension of Dr. Day’s medical license.