Sands Point doctor pleads guilty to jury tampering

Stephen Romano

A Sands Point doctor on Tuesday pleaded guilty to jury tampering charges for taping false jury instructions to the tables and doors of jury rooms while he was on trial for raping a patient, the district attorney announced.

Marshall Hubsher, 67, pleaded guilty to third-degree burglary and two counts of first-degree attempted tampering with a juror.

Hubsher disguised himself and “fabricated documents in an effort to manipulate jury deliberations on his case,” Nassau County District Attorney Madeline Singas said.

While on trial in March 2016, he entered a private jury room and placed signs with false instructions about reasonable doubt, officials said.

Surveillance footage showed Hubsher entering the courthouse in a leather jacket and baseball hat and holding newspapers.

He then left and came back with the newspapers, wearing a suit and using a walker.

“Preserving the sanctity and independence of juries is essential to the fair administration of justice, and any effort to tamper with a Nassau jury will be met with serious consequences,” Singas said.

Efforts to reach Hubsher’s defense attorney were unavailing.

Hubsher was convicted of raping a 24-year-old patient he was treating for anxiety, depression, obsessive-compulsive disorder and other illnesses. He was arrested in that case in April 2012 and is currently serving up to three years in prison.

An investigation conducted by the State Board for Professional Medical Conduct found that Hubsher also asked the patient to take a picture of him for a magazine and sent threatening emails.

Hubsher also left the patient voice mails telling her that if she didn’t take his side in the investigation, he would release “damaging information” about her and her family, the investigation shows.

Hubsher was also arrested in November 2015 for allegedly selling prescriptions for Adderall and Xanax to patients out of his office in the Roslyn section of Flower Hill.

He was charged with fourth-degree conspiracy and three counts of unauthorized practice. At the time, he was set to appear in court in December 2015 for the rape charges.

Hubsher and a Long Beach-based doctor allegedly sold prescriptions to patients out of Hubsher’s office, where he was still seeing patients after losing his license to practice.

On at least three occasions, prosecutors said in 2015, investigators found that Hubsher met patients in “a nontraditional setting” such as the office hallway to ask medical questions and receive cash.

This case is pending, court records show.

In June 2012, Hubsher surrendered his license to practice medicine in New York to resolve multiple charges brought by the State Board for Professional Medical Conduct, records show.

The district attorney’s office declined to comment on Hubsher’s past cases.

Hubsher’s medical license was revoked in 1995 after he was charged with professional misconduct. An investigation by the State Board for Professional Medical Conduct and the Department of Health found that Hubsher submitted false insurance claims to GHI Insurance Co. over 40 times over three years.

His medical license was reissued in 2006 after he submitted multiple requests to have it reinstated, records show.

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