LIHU’E — The trial of an osteopathic doctor accused of sexually assaulting a boy in 2002 during an office visit was pushed back three months.
Dr. Jon Van Cleave’s jury trial that was set for Monday was rescheduled for June.
Van Cleave’s attorney, Michael Green, asked that the trial be reset because he will be involved in a federal-court matter that will last several weeks.
County Deputy Prosecuting Attorney Jennifer Winn objected to resetting the trial. She pointed out that it is taking too long for the case to go to trial.
Fifth Circuit Court Judge Kathleen N.A. Watanabe informed Van Cleave that he has a right to a speedy trial. However, because Green will be in federal court, she reset the trial for June 19.
Additionally, Watanabe said that she will not entertain any more motions for future resettings of Van Cleave’s trial.
According to court records, Van Cleave’s trial date was rescheduled at least two times.
Van Cleave, 57, was indicted in 2004 on one count of third-degree sexual assault. According to the one-page indictment, Van Cleave allegedly assaulted a 13-year-old boy during an office visit Feb. 1, 2002.
According to court records, Van Cleave, 57, was arrested at his house in Kukui’ula in 2004. He is free after posting $10,000 bail.
Court records show that he has been living in the state for at least 10 years. Court records also show that he graduated from the College of Osteopathic Medicine and Surgery in Des Moines, Iowa.
The boy’s parents filed a civil suit against Van Cleave in 2004, claiming intentional infliction of emotional distress.
According to the suit, the boy’s mother went to see Van Cleave for chronic fatigue beginning about June 2001. Two months later, he told her that her son would benefit from treatment as well.
According to the suit, on that day of the alleged assault, the parents claimed that their son ran from the doctor’s office after the treatment ended.
Van Cleave filed a counterclaim against the boy’s parents. In the counterclaim, he pointed out that the boy’s mother continued to seek medical advice for herself from him, an indication of her faith in him.
In his counterclaim, Van Cleave said he offered to pay for the boy’s tuition at a private school, and he did so.
- Cynthia Kaneshiro, staff writer, may be reached at 245-3681 (ext. 252) or email@example.com.