Former Sands Point psychiatrist gets added time for jury-tamper try
By Bridget Murphy
August 9, 2017
A Nassau judge Wednesday gave a former psychiatrist who had raped a patient extra prison time for donning a disguise and trying to tamper with the jury that found him guilty of the sex crime by leaving them copies of a note about “reasonable doubt.”
Marshall Hubsher, 67, of Sands Point, will stay behind bars for an additional 90 days after his July plea to third-degree burglary and first-degree attempted jury tampering charges.
Acting State Supreme Court Justice Patricia Harrington sentenced Hubsher on Wednesday to 1 to 3 years in prison that will run concurrent to his current prison term, plus an extra 3 months behind bars to run consecutive to his previous conviction.
Surveillance video showed that while on trial in March 2016, Hubsher came into a Mineola courthouse one morning wearing a baseball cap and leather jacket and holding newspapers.
Prosecutors said he then sneaked into private jury rooms and left falsified “jury instructions” on doors and tables.
The typed note, which Newsday previously obtained a copy of, was addressed “TO ALL JURORS — Please read,” and gave “examples of reasonable doubt,” such as if a witness “had a motive or reason to lie,” or was “mistaken in memory . . . due to mental illness or disorder.”
Hubsher then left the courthouse, still holding the newspapers, and returned to the building a short time later to attend his trial wearing a business suit and using a walker, according to authorities.
The jury convicted him that day of third-degree rape and third-degree criminal sexual act for sexually abusing a woman he was treating for depression.
Hubsher, who lost his medical license, is serving 2 to 3 years in Mid-State Correctional Facility in upstate Marcy for that conviction. He also is spending that time behind bars for conspiracy and unauthorized practice of profession in connection with his conviction in a separate case.
The disgraced doctor on Wednesday asked the judge to sentence him to time served for the new conviction, saying he was on medication that gave him delusions at the time he tried to tamper with the jury in his rape case.
“It’s not an excuse. I’m still very sorry I did it,” Hubsher said.
Hubsher also apologized to State Supreme Court Justice Angelo Delligatti — who presided at his first trial — for his actions. But he also said he believed Delligatti was angry at him for his actions involving the jury and believed he gave him a sentence of up to 3 years in the rape case because he also considered the jury tampering attempt.
Hubsher told Harrington that he had numerous health issues, including heart problems, and asked for “compassion,” saying: “I don’t want to die in jail.”
Harrington said while she was sorry for his medical issues, he found himself in the predicament he was in because of his actions. She also asked Hubsher to admit responsibility for the tampering attempt again, before the doctor agreed that he wasn’t saying he wasn’t responsible for his actions by reason of mental defect.
“I believe there has to be additional punishment,” Harrington said while meting out the added prison time.