Thursday, July 23, 2009

Accused Sexual Assault Doctor Posts Bail

Stephens, Anderson & Cummings represents victims of sexual abuse.

A Houston doctor accused of videotaping sexual abuse of at least four boys over the course of years may continue to practice medicine after his release from jail, a judge ruled Thursday.

Bernard Zacharia Albina, 69, posted bail totaling $400,000 and was being processed for release late Thursday, his lawyer, Carl Haggard said.

Under the terms of release issued by state District Judge David Mendoza, Albina will have to wear a GPS monitor on his ankle, may not use computers at home, and may not have contact with anyone under the age of 17. He will, however, be allowed to practice medicine.

Albina was arrested Tuesday on four charges stemming from years of alleged sexual abuse of children as young as 4.

Raised in Lebanon, Albina had to surrender his passport and may not leave Harris County. He has practiced in the United States for 36 years. State records show his medical practice at St. Joseph's Medical Center, but a hospital spokeswoman said he has not been active there since June 1, 2008.

His medical staff privileges at the hospital have been suspended pending further investigation, but investigators said he has a second office near the hospital.

Texas Medical Board officials refused to comment on Albina's case, or whether they are investigating the situation, citing privacy laws that prohibit disclosure of any investigation.

TMB spokeswoman Jill Wiggins said the agency has the authority to investigate and the power to temporarily suspend a medical license in some cases.

Albina remains licensed in good standing with the state agency, she said.

Haggard said the orthopedic surgeon now works with adults, primarily rating disabilities.

“He has coronary heart disease, he has two stents in his heart, he's frail. He's not going anywhere,” Haggard said.

Haggard said Albina's wife, children and a brother live in Houston.

“He has a large extended family here,” Haggard said.

He said Albina was concerned about his family, which Haggard advised not to come to Thursday's arraignment because of media attention.

“The family is in total shock,” Haggard said after the brief hearing. “They wanted to be here to show their support.”

Prosecutor Eric Devlin said police seized hundreds of hours of videotape depicting sex acts with the children. Investigators continue to search for other victims, some of whom were recorded on videotape dating back decades.

The investigation began in January 2007, after one of Albina's victims, now 26, told police he had been abused, including oral and anal sex, from 1988 to 1998, starting when he was 5.

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