Man accused of practicing medicine without license released

By JOSÉ BORJÓN
The Brownsville Herald

December 22, 2006 — The man accused of practicing medicine without a license is out of jail on a reduced bond.

Arthur Daniel Hayes’ bond was cut from $200,000 to $75,000 Thursday by Judge Abel Limas with the 404th state District court.

Hayes, who was arrested Tuesday, was released from the Carrizalez-Rucker Detention Center in Olmito shortly after 5 p.m. Thursday.

First Assistant District Attorney Chuck Mattingly Jr. said he was disappointed with the ruling.

“We do believe the man (Hayes) could be a flight risk,” Mattingly said. “Especially in the light of the fact that we have received additional complaints from other potential victims of this man.”

Hayes, 56, was indicted by a Cameron County grand jury in July on one count of sexual assault, three counts of practicing medicine without a license, one count of Medicaid fraud and one count of theft, according to court documents.

The alleged incidents took place between August and October 2002.

A second man, who remained at large as of Thursday afternoon, is also accused of practicing medicine without a license, Medicaid fraud and theft, court document show.

On Thursday, Hayes’ Houston-based attorney, Robert S. Bennett, refuted the charges against his client and called it an act of “racism” on behalf of the Cameron County District Attorney’s Office. Hayes is black.

“With regards to the statements made by the defendant’s attorney, Mr. Bennett, it is unfortunate but not unexpected that Mr. Bennett would base his client’s legal defense solely on his client’s ethnicity,” Mattingly said and commented that Bennett is using race as a “last resort.”

“Desperate men, use desperate tactics, when that is all they have to rely on.”

Bennett said his client never practiced medicine without the supervision of a medical doctor.

He said Hayes would “occasionally” treat patients under the supervision of a rotating medical staff at clinics that Hayes partially owned in San Benito and Harlingen.

Most of the time, Hayes did administrative work, such as billing and filling, the lawyer claims.

When questioned by the Texas Attorney General’s Office, some of his clients said Hayes had performed medical exams, including pelvic exams, breast exams and other procedures for female patients.

Mattingly said that after Hayes’ arrest, more people have come forward and said they, too, were victims of Hayes.

He would not release the number of new victims because the investigation is ongoing.

jborjon@brownsvilleherald.com

Posted on Dec 22, 06 | 12:04 am