Ann Arbor psychologist charged in sexual assault of patient
David Vernon Falkner
Courtesy of WCSO
An Ann Arbor psychologist has been charged with sexually assaulting a patient, court records show.
Sixty-one-year-old David Falkner, of Ann Arbor, was arraigned Monday on four counts of fourth-degree criminal sexual conduct by Judge Elizabeth Hines in the 15th District Court, according to court records.
The charges listed in the warrant indicate the victim was a patient. According to state law, a mental health professional cannot engage in sexual contact during or two years after a patient is in treatment. The consent of the victim is not a defense in these cases.
Police say the victim is a woman older than 18 but would not release details about the case Wednesday evening.
“The department received a complaint of an inappropriate relationship,” Ann Arbor police Sgt. Earle Fox said. “That complaint was investigated by our detective division and was forwarded to the prosecutor’s office, which authorized the charges.”
Falkner retired a few years ago from Ann Arbor Public Schools, where he had worked as either a social worker or psychologist, said district spokeswoman Liz Margolis.
He has a private psychology practice in downtown Ann Arbor, according to his website.
"...Falkner has been providing professional psychological services to the young people and families of the Ann Arbor community for over 30 years," the site says. "For 25 years as a school psychologist in public service, and for fifteen years as a clinical psychologist in private practice, he has offered diagnostic and therapeutic interventions that effectively integrate the best of these two fields.
"In working with a wide range of clients, his eclectic approach incorporates both psycho-dynamic and cognitive-behavioral perspectives in the assessment and treatment process."
Phone and email messages left for Falkner Wednesday evening were not returned.
Falkner is free on a personal recognizance bond and has a court date scheduled for Feb. 28, according to court records. The four charges are high-court misdemeanors each punishable by two years of imprisonment or a fine up to $500.
AnnArbor.com reporter Danielle Arndt contributed to this story.
John Counts covers cops and courts for AnnArbor.com. He can be reached at johncounts@annarbor.com or you can follow him on Twitter.
Comments
BhavanaJagat
Fri, Feb 8, 2013 : 6:43 p.m.
Professional Standards and Professional Guidelines: This is a story about professional standards that are applicable in providing professional care in a particular area of a service that is regulated by a Licensing Authority. The power is vested in the Code of Conduct and the License to Practice is subject to the adherence to that Code. This story must be reported by AnnArbor.com to its readers as a story about professional misconduct. It is my impression that AnnArbor.com has only guidelines for public conversations for the posts it may choose to publish. It has the vested authority and power in deciding as to how the readers have to participate in a conversation and at the same time exist as mute, or silent spectators of its use of power and authority that uses the Freedom of Speech to their exclusive enjoyment.
Truffledog
Tue, Feb 12, 2013 : 1:09 a.m.
While licensing complaints may also be in order, state criminal laws also apply. Getting arraigned in 15th District Court very much means this is a matter of criminal law, whether or not professional misconduct charges are also pursued.
Tru2Blu76
Sun, Feb 10, 2013 : 4:05 p.m.
BJ: learn to write shorter sentences. Fell asleep while trying to wade through you last one. And that's not an amateur's advice: it's standard advice for writers.
cook1888
Fri, Feb 8, 2013 : 10:49 a.m.
"Assault" it seems is a specific legal charge. This man has not been charged with "assault". The reporter may be using the term outside the legal sense, but the use of this word is misleading in this context/headline.
Colorado Sun
Fri, Feb 8, 2013 : 3:14 a.m.
These are only high misdemeanors. Faulkner will get a slap on the wrist. Pay a fine and court costs. The Board of Psychology will investigate.
Peace909
Fri, Feb 8, 2013 : 2:54 a.m.
From the Michigan Prosecuting Attorneys Association website, "Steps in a Michigan Criminal Case." http://www.michiganprosecutor.org/Process.htm Below are the steps that appear to have been taken in this case at this time. Crime Committed / Police Notified Police Investigate Investigation may include interviewing victim, witnesses, suspects; collecting physical evidence; visiting, viewing, photographing, measuring crime scene; identifying suspects; through line-ups ... etc. Police Make an Arrest (or Request a Warrant) When a crime is committed in a police officer's presence --- or the officer has probable cause to believe that certain misdemeanors or any felony was committed that the officer did not see happen --- an officer may arrest a suspect on the spot without an arrest warrant. The officer will later submit a charging/warrant request to the Prosecuting Attorney, suggesting potential charges to be authorized. Warrant/Charging Request Reviewed by Prosecuting Attorney Most cases begin with a warrant request. This is generally the first time that the Prosecuting Attorney's office is involved in a case, unless a prosecutor reviewed a search warrant or visited the crime scene. At this stage, the Prosecutor determines whether a person should be charged with a crime and, if so, what the crime should be. The Prosecutor must thoroughly review all reports and records concerning the case, including witness statements. The Prosecutor also reviews the suspect's prior criminal or traffic record. Occasionally, the reviewing Prosecutor sends the case back to the police to conduct additional investigation. Warrant Issued The Prosecutor can issue a charge if he or she reasonably believes that probable cause exists that the suspect committed the offense. But, most reviewing Prosecutors apply a higher standard --- whether the charge can be proved beyond a reasonable doubt at trial with the information known at that time.
newsmuse
Fri, Feb 8, 2013 : 2:04 a.m.
This headline smacks of journalistic sensationalism. The charges are not about sexual assault. AnnArbor.com has just lapsed into the world of trash tabloids.
Goofus
Fri, Feb 8, 2013 : 1:55 a.m.
I hope someone finally sues A2dotcom over this shoddy piece of libel...which, given the way the moderators work the boards with the deletions, seems to be their central fear anyway almost all the of time...at least in regards to comments. Earth to A2dotcom: You can't get sued for what comments you publish following your articles, but you sure can be for the articles themselves.
Tru2Blu76
Sun, Feb 10, 2013 : 4 p.m.
Don't let it get to you. My impression, gained from long supporting this news site and from comments by readers and friends (including 2 educators), is that this site is on a downward slide. When readership falls below a certain point, advertising money dries up - then the "news agency" closes shop. No law suits needed. There may be other explanations for what seems to be happening but the bottom line is that readership ("subscriptions") is the determining factor. Stipulating: I'm not particularly disturbed by AnnArbor.com's handling of this story. But IMO, there is a long-term pattern of deterioration in reporting. I'm not angered by this, I'm saddened and disappointed. Ann Arbor deserves a high quality source of professional journalism.
Peace909
Thu, Feb 7, 2013 : 11:13 p.m.
Below is an excerpt from a booklet entitled "Professional Therapy Never Includes Sex." The full text can be found here: http://www.dca.ca.gov/publications/proftherapy.pdf. Even though this is a brochure from California, the same considerations apply in Michigan. "Professional psychotherapy never includes sex. It also never includes verbal sexual advances or any other kind of sexual contact or behavior. Sexual contact of any kind between a therapist and a patient is unethical and illegal in the state of California. Additionally, with regard to former patients, sexual contact within two years after termination of therapy is also illegal and unethical. "Sexual contact between a therapist and a patient can also be harmful to the patient. Harm may arise from the therapist's exploitation of the patient to fulfill his or her own needs or desires, and from the therapist's loss of the objectivity necessary for effective therapy. All therapists are trained and educated to know that this kind of behavior is inappropriate and can result in the revocation of their professional license. "Therapists are trusted and respected, and it is common for patients to admire and feel attracted to them. However, a therapist who accepts or encourages these normal feelings in a sexual way - or tells a patient that sexual involvement is part of therapy - is using the trusting therapy relationship to take advantage of the patient. And once sexual involvement begins, therapy for the patient ends. The original issues that brought the patient to therapy are postponed, neglected, and sometimes lost. "Many people who endure this kind of abusive behavior from therapists suffer harmful, long-lasting emotional and psychological effects. Family life and friendships are often disrupted, or sometimes ruined."
Peace909
Fri, Feb 8, 2013 : 1:05 a.m.
Also from the same booklet: "Remember: It doesn't matter if you, the patient, started or wanted the sexual involvement with the therapist. Therapists are responsible for keeping sexual intimacy out of the therapy relationship and are trained to know how to handle a patient's sexual attractions and desires."
JRW
Thu, Feb 7, 2013 : 9:51 p.m.
"The department received a complaint of an inappropriate relationship..." Who made the complaint? This is key to this entire case. If the woman who allegedly had sexual contact with Dr. Falkner made the complaint, then it is very different from an outsider making a complaint about sexual contact between two potentially consenting adults. This could possibly be a situation where a colleague of Falkner made the complaint for any number of reasons and in fact the sexual contact was potentially consensual. Not enough info here.
AfterDark
Thu, Feb 7, 2013 : 11:53 p.m.
There might not be enough info here to satisfy you but obviously enough info was provided for the prosecutor's office to bring charges.
Paula Gardner
Thu, Feb 7, 2013 : 9:32 p.m.
Another reader suggested via email that we clarify a little bit about the judicial process here. The arraignment that was reported here follows a complaint to police; a police investigation; police turning over evidence to the prosecutor; and the prosecutor filing criminal charges. The next likely court date would involve a preliminary examination, when evidence will be presented in open court and the judge will decide if it should proceed to trial. Here's the prosecutor's website: http://www.ewashtenaw.org/government/prosecuting_attorney
newsmuse
Fri, Feb 8, 2013 : 2:15 a.m.
I appreciate that you have "staff" printed under your name. Why don't John or Kyle have the same? I would hope that If an Ann Arbor.com employee is posting a comment, that he or she should always have the term "staff" posted underneath his or her photo.
Nick Danger
Thu, Feb 7, 2013 : 9:07 p.m.
I have know David for years and he has always beeen a class act who dedicated his life to helping others. Now AA.com has chosen to try and destroy this man's life and reputation.The reporting is skechy at best and David has not been convicted of any crime.As ar as anyone knows this could be a fabrication.Nevertheless even if he is found innocent his life will be forever changed
a2citizen
Thu, Feb 7, 2013 : 9:26 p.m.
OJ was found not guilty. Doesn't mean he didn't do it.
John Counts
Thu, Feb 7, 2013 : 7:46 p.m.
Tesla: We are continuing to investigate the exact nature of what Falkner is charged with. Fourth-degree criminal sexual conduct can include "force or coercion." Here's the statute: http://www.legislature.mi.gov/(S(g2hzmv453xn2znj5kv23mf55))/mileg.aspx?page=GetObject&objectname=mcl-750-520e Regardless, any sexual contact that is against the law is considered an assault.
newsmuse
Sat, Feb 9, 2013 : 2:47 a.m.
Please- change this AnnArbor.com incendiary headline in the same manner that you change facts that may have been incorrect. "Fourth-degree criminal sexual conduct can include "force or coercion." CAN include? "Regardless, any sexual contact that is against the law is considered an assault." REALLY?
Jaime Magiera
Fri, Feb 8, 2013 : 4:40 a.m.
"Regardless, any sexual contact that is against the law is considered an assault". John, that is patently false. Your response is almost as disingenuous as the headline.
Camp Comments
Thu, Feb 7, 2013 : 8:50 p.m.
And John, while we're at it, please apply your judgment to that portion of the statute that prohibits incest. When two consenting adult damily members have unlawful sexual contact, each is guilty of CSC. Which one has committed sexual assault? Same vein: CSC 4th can include force or coercion, you note. Is it "force or coercion" that makes this incident an assault in your judgment? If so, was force or coercion actually alleged by the State? If not, why are you prematureyl calling it assault? What if, for instance, the victim initiated the sexual contact and the Defendant failed to meet his lawful obligation to decline, would that still be "force or coercion?" Because you don't yet know what conduct underlies the charges, you cannot rely on the "it-would-be-if-there-were-force-or-coercion" defense to your own headline writing.
Camp Comments
Thu, Feb 7, 2013 : 8:37 p.m.
Is considered an assault by whom? There are, in fact, statutes that speak to assault. This one does not. That the editors and reporters at AnnArbor.com consider it to be a sexual assault is an editorial choice, not a fact, and you merely repeat your judgments when you write a comment like the one above. You should instead write, "I consider any sexual contact that is against the law to be an assault, and that's why I wrote the headline the way I did."
treetowncartel
Thu, Feb 7, 2013 : 8:03 p.m.
Can you cite to some Michigan Case law on this definition for us?
Elijah Shalis
Thu, Feb 7, 2013 : 7:23 p.m.
It is Dr. David Vernon Falkner to you! He has a Ph.D. and earned it. :)
Tesla
Thu, Feb 7, 2013 : 6:30 p.m.
Instead of deleting posts, don't you think you should be investigating what this man did? I'd rather see the comments section deleted entirely if it meant more accurate and in depth reporting.
Tesla
Thu, Feb 7, 2013 : 7:04 p.m.
Ok. For starters 4th degree criminal sexual conduct is not assault. It is contact. You're wrong. Change the lead.
Paula Gardner
Thu, Feb 7, 2013 : 6:52 p.m.
The reporting has nothing to do with whether a comment on a story is appropriate. If you know of something inaccurate in this report, let us know. We'd correct it.
Goofus
Thu, Feb 7, 2013 : 6:08 p.m.
As per usual, A2.dot.com has to, post-facto, spend more time explaining why they do something than they probably spent researching the initial article. Something wrong with that way of doing things...what is the old saying, " measure twice, cut once"?
justcurious
Thu, Feb 7, 2013 : 6:01 p.m.
Once again we see commenters crying "Foul!" over a story concerning an assumed professional mental health worker in our community. Where are their cries for other people who have been arraigned and had their pictures published? Seems like a double standard to me. All I can figure is that these commenters have some personal relationship with the accused. Everyone needs to step back and see what happens in the courts.
boo
Thu, Feb 7, 2013 : 5:47 p.m.
lets hope this isn't true. that somehow he is caught in a technicality. say the women is a consenting adult who is in her 40's or 50's and the relationship started one year after they separated as patient and doctor. I think that might be less of a "crime" and more a violation of "rules" or ethical responsibility..
EyeHeartA2
Fri, Feb 8, 2013 : 3:53 p.m.
...except the law is clearly not in agreement with your opinion. BTW, I think I should be able to drive 90 on the freeway. If I get a ticket, the cop doesn't care about my opinion. If I don't get busted, I had a good time.
Tim Hornton
Thu, Feb 7, 2013 : 5:37 p.m.
A wise man once said, how can you not get burned when you engage in hot passion, in the context of inappropriate sex. Warning to the old and young. Who or what you have sexual relations with has immense consequences. Even if the media shows today exploit it so much. Let's hope this guy is innocent.
treetowncartel
Thu, Feb 7, 2013 : 5:14 p.m.
To be fair, a CSC 4th degree for whioch he is charged,MCL 750.520e(1)(e) Criminal sexual conduct in the fourth degree; misdemeanor. reads like this: (e) The actor is a mental health professional and the sexual contact occurs during or within 2 years after the period in which the victim is his or her client or patient and not his or her spouse. The consent of the victim is not a defense to a prosecution under this subdivision. A prosecution under this subsection shall not be used as evidence that the victim is mentally incompetent. A thorough search of the statute reveals that the word "assault" , or the words "sexual assault" together, are no where in the statute.
Camp Comments
Thu, Feb 7, 2013 : 9:12 p.m.
@Kyle - does it help or hurt your position on this that two comments down your colleague John indicates you're still investigating the facts regarding what conduct the Defendant is charged with? If you did not know that when you published, and therefore did not know if there was force or coercion, what was your actual (vs. "it could be called this") for call this a sexual assault?
treetowncartel
Thu, Feb 7, 2013 : 8 p.m.
@ Kyle, Could you please clarify if he was charged with (1)(e) or 1(a), force and coercion only appear in (1)(a) as follows, not (1)(e), or did he do every act contemplated in sections 1(a) through (1)(g) and you are only talking about two of the acts? Your stament implies the original story is wrong suggesting he violated (1)(e), and he actually violated (1)(a). Is your version of the events right or John's? (1) A person is guilty of criminal sexual conduct in the fourth degree if he or she engages in sexual contact with another person and if any of the following circumstances exist: (a) That other person is at least 13 years of age but less than 16 years of age, and the actor is 5 or more years older than that other person. (b) Force or coercion is used to accomplish the sexual contact. Force or coercion includes, but is not limited to, any of the following circumstances: (i) When the actor overcomes the victim through the actual application of physical force or physical violence. (ii) When the actor coerces the victim to submit by threatening to use force or violence on the victim, and the victim believes that the actor has the present ability to execute that threat.
treetowncartel
Thu, Feb 7, 2013 : 7:54 p.m.
@ Kyle, Paula and John, Keep reaching, or might I say digging, it is fun to watch.
Kyle Feldscher
Thu, Feb 7, 2013 : 7:45 p.m.
If you look at the full statute, the words "force or coercion" do appear. One can reasonable call forced or coerced sexual contact - in any form - an allegation of assault. http://www.legislature.mi.gov/(S(v3giq3mxqahdnvu0foqdnt45))/mileg.aspx?page=GetObject&objectname=mcl-750-520e
Paula Gardner
Thu, Feb 7, 2013 : 5:01 p.m.
We appreciate all of the feedback on this story. John Counts already offered some detail for casual news readers about why this story is reported, so I won't repeat them. However, I will emphasize that when a reported crime reaches the courts, this is not about "slander." We haven't received concerns about ruining reputations about any other recent arraignment coverage. If any reader who considers it shameful to report from the courts before a verdict is reached wants to let me know more about their reasoning, I can be reached at paulagardner@annarbor.com.
Camp Comments
Thu, Feb 7, 2013 : 9:16 p.m.
@Paula - while I'm critical of your headline, I agree with the decision to report the story.
0101
Thu, Feb 7, 2013 : 4:59 p.m.
"Shame on the Ann Arbor News for ranking this as a "Top Story" -- full color photo and all. If the truth were that this poor guy were CONVICTED of said crime, then maybe it would be fair to destroy his life and professional reputation. But because it is, at this point, based upon an ACCUSATION the sensationalism of reporting it in this way is the biggest crime committed so far. Yes, 'the public has a right to know' --- but practicing shabby tabloid 'journalism' that destroys careers and lives is unfair and unprofessional."
Darian
Thu, Feb 7, 2013 : 6:22 p.m.
perfectly well stated. while the aa.com folks can say it doesn't meet the LEGAL criteria for 'slander' --- the whole 'photo thing' and the absurd "headline" is unfairly destructive and sad. The law -- as I see it -- NO WHERE reads "sexual assault" Soooooo not fair !!
Hmm
Thu, Feb 7, 2013 : 4:38 p.m.
John there is nothing wrong with this article. You are doing your job reporting the facts and people saying this is slander or anything else are misinformed. Articles like this are standard practice for any news organization, and because it must be hitting close to home for some people they are lashing out at you. I have no bones either way in this matter, but I appreciate A2.com making this information available to the community it serves.
John Counts
Thu, Feb 7, 2013 : 4:35 p.m.
As I've explained directly to other comments, we have followed our standard crime reporting procedures here. Let me explain. When we hear about a crime occurring, we report it. If a suspect is taken into custody, we don't immediately release their name. In fact, police do not release the names to us, generally. Even when an arrest warrant is filed, we do not publish the name. The name is only released publicly when the suspect has been arraigned -- or formally charged -- in court. At that time, a booking picture is also released. This is indeed David Falkner's booking picture from the Washtenaw County Jail, which was released to us only because he has been arraigned. We follow this procedure on the majority of crime stories, an exception being if police are actively searching for a wanted suspect and release a name and picture to us to aid their search. We followed this name-released-at-arraignment procedure yesterday when Avantis Parker was arraigned on a homicide charge, for instance. We follow this procedure several times a week, dozens of times a month. It is a practice that has been followed by nearly all media outlets for a very long time. This practice is followed regardless of the suspect's race, sex, background, economic level or standing in the community. As always, being charged does not equate guilt. Everyone is innocent until proven guilty in a court of law. I will continue to follow this story as it makes its way through the court system. I am also hoping to get more information from Ann Arbor police about the charges today.
DBH
Fri, Feb 8, 2013 : 3:49 a.m.
@JRW, your two cases are two of five I asked about last April on the Comments Moderation website ( http://www.annarbor.com/about/annarborcom-conversation-guidelines-comment-moderation/ ). Tony Dearing replied at the time that AnnArbor.com was checking into the male who was climbing outside the hospital and would report back. Nothing. I posed questions about 4 other cases (one of which AnnArbor.com eventually reported on, involving grafitti), and one of which was on Betty Chisholm, the woman who was alleged to have hit the man in the wheelchair. I received no reply to any of these questions, despite Tony Dearing and (I believe) John Counts having contended in the past that AnnArbor.com DOES indeed follow up on cases. For particulars related to my post from last April, and the cases in particular with URL links to the AnnArbor.com stories on the cases, see my postings dated April 27, 2012 at 12:35 PM (and my reply to my own comment) on the Comments Moderation website. Currently, it's on Page 2.
JRW
Thu, Feb 7, 2013 : 9:44 p.m.
John, I do take exception with one part of what you wrote: "This practice is followed regardless of the suspect's race, sex, background, economic level or standing in the community." I recall several news/crime reports from AA dot com that never listed the identity of the person involved: 1. Young man who scaled the outside of the hospital parking structure and was arrested. No mug shot, no name released. 2. Driver who hit the person in the wheelchair in a crosswalk in downtown AA last summer. Rumor was that the female driver was an "important" member of the community, yet the name was never listed.
Darian
Thu, Feb 7, 2013 : 5:04 p.m.
again -- why in gods name not wait until you have more valid information to share with the community ???? As in: the age of the 'victim' ??? (an adult) As in: it was an 'inappropriate relationship' -- not an assault or rape ???? again -- when the explanation for the "story" is longer and more thoughtful than the "story" itself --- something' ain't right .....
Paul
Thu, Feb 7, 2013 : 5:03 p.m.
Blame the public schools for not teaching the kids how the law works. Many folks seem to believe once you are arrested, its up to YOU to prove you are innocent. That you must be guilty of something or you would not have been arrested. Police sometimes do make errors, sometimes witnesses lie, yes, let the doctor have a fair trail but don't blame the press for reporting on the case. Maybe other patients have had sexual contact with this doctor and have yet to report it to the police, maybe not. We have freedom of the press here in the USA. You if you are charged with a crime, the public has a right to know about it and hopefully the public understand you are still presume innocent till the state proves that you are guilty in a court of law.
Tesla
Thu, Feb 7, 2013 : 4:45 p.m.
If you have to spend more time writing an explanation as to why you wrote an article than you did writing or investigating the original article, you're in big trouble.
treetowncartel
Thu, Feb 7, 2013 : 4:01 p.m.
Headline should probably read "Psychologist accused off allegedely having a dual relationship with patient", but that won't get as many hits i know.
Paul
Thu, Feb 7, 2013 : 4:54 p.m.
That is not what he is charged with...read the story again................ "David Falkner, of Ann Arbor, was arraigned Monday on four counts of fourth-degree criminal sexual conduct by Judge Elizabeth Hines in the 15th District Court, according to court records."
Camp Comments
Thu, Feb 7, 2013 : 3:49 p.m.
Why do your editors choose to recast the charges as "sexual assult" in the headline? It's eye-grabbing, but for many readers the first instinct is to think non-consensual, perhaps forcible rape. The charge is criminal sexual conduct - and, if true, the allegations are that. There's a good reason to deter inappropriate relationships with health care providers, and the two year buffer is the law. Consent is not a defense, but your headline is more damaging to the Defendant that it need be at this preliminary stage. Why not: Psychologist Criminally Charged Following Alleged Sexual Relationship With Former Patient."
ArgoC
Sat, Feb 16, 2013 : 11:52 p.m.
"Assault" is a loaded word and I wish A2dotcom had been a little more restrained in writing that lead, until there's more information. I think the wording of the statute is important, and A2dotcom shouldn't fall back on a Webster's dictionary defense. A more conservative headline that paid attention to the legal terms would have been better.
Camp Comments
Thu, Feb 7, 2013 : 8:30 p.m.
@Paul - the word "assault" does not appear in the statute he is charged under. Calling it a "sexual assault" is an editorial choice by AnnArbor.com.
Paul
Thu, Feb 7, 2013 : 4:52 p.m.
If the victim wasn't mentally stable to give consent, then it IS an sexual assault. The law says if you are under a doctors care for a mental health problem then your doctor can not legally have sex with you...even if you beg him
justcurious
Thu, Feb 7, 2013 : 3:35 p.m.
We don't know much about the case. Aa.com is following it's policy of only showing the picture of someone who has been arraigned. There may be a compelling reason to do this, depending on the age of the alleged victim. If the activity started before they were 18 some community members would want to know that.
LXIX
Thu, Feb 7, 2013 : 2:45 p.m.
Two imperfect human beings. Each with an electro-chemically run brain. Genetically programmed over thousands of years and instantly adaptive to a constant bombardment of reality change. Without further detail, this could have been a mind-trap horror story or a true love conquers all of the rules gone bad.story. Either way, it is sad. Kinsey, the once highly touted sex scientist is now considered to have been a rampant pedophile. Freud, the once highly touted psychiatrist was a cocaine head and his genius is now questioned. Hathaway, the once highly honored Michigan Supreme Court Judge recently plead guilty to bank fraud. Professionals entrusted with all of the correct answers are not always perfect human beings.
glenn
Thu, Feb 7, 2013 : 2:27 p.m.
Charged, but not yet convicted, so why is this man's photo and name in A2.com? Whatever happens his reputation is damaged. I don't even know this man, but this is a small city and this type of reporting without knowing the full story is shameful.
John Counts
Thu, Feb 7, 2013 : 4:14 p.m.
Falkner appeared in the 15th District Court on Monday when he was arraigned -- or formally charged. We do not publish names or booking pictures until the arraignment. This is standard procedure for every crime story, no matter who the suspect is.
getyourstorystraightfirst
Thu, Feb 7, 2013 : 3 p.m.
glenn- This always happens. This, unfortunately, happened to a close friend. He was charged with CSC & his photo was in the newspaper before he was even seen in court. It ruined his & his families lives. He was killed in a car accident before he could stand trial. But, it absolutely crushed him & ruined the last days of his life. So sad that they can publish photos before a person actually appears to court.
JRW
Thu, Feb 7, 2013 : 2:27 p.m.
And yet he's smiling in his mug shot?
genetracy
Fri, Feb 8, 2013 : 12:52 a.m.
He looks pretty smug, doesn't her?
JRW
Thu, Feb 7, 2013 : 9:38 p.m.
A2gretta: READ John Counts comment. This IS a mug shot, a smiling one at that.
Paul
Thu, Feb 7, 2013 : 4:47 p.m.
Some folks believe the law is a joke
John Counts
Thu, Feb 7, 2013 : 4:12 p.m.
This is his booking photo, supplied to us by the Washtenaw County Jail in the same way nearly every booking photo comes to us for every crime story: the suspect was arraigned, which means formally charged, in a court of law. Police will not release a name or a picture until then. Falkner was arraigned on Monday.
a2gretta
Thu, Feb 7, 2013 : 2:48 p.m.
The photo is NOT a mug shot. It was obviously lifted from somewhere else. I agree with glenn whose comment follows yours. This is a very damaging story with not much to back it up.
EyeHeartA2
Thu, Feb 7, 2013 : 2:13 p.m.
Formerly with AAPS? Nice.
A2 News Reader
Tue, Apr 30, 2013 : 1:26 p.m.
Newsmuse, a client did not make accusation in this case. Someone else reported. Reread the article.
newsmuse
Fri, Feb 8, 2013 : 1:35 a.m.
A psychologist might counsel some people who have serious emotional and/or personality disorders. Just because a client made accusations, does not mean that they are true.
EyeHeartA2
Thu, Feb 7, 2013 : 6:47 p.m.
My implication is that a former member of the AAPS is charged with sexual assault, and according to the complaint has no problem going well beyond what is ethical and legal. You can take that wherever you want. When he (allegedly, of course) decided the law didn't matter, I don't know. I hope it was after he left AAPS. Where he thinks that line belongs, I don't know, but I hope it is this side of a diploma anyway. You mentioned child abuser, I didn't.
Chester Drawers
Thu, Feb 7, 2013 : 4:53 p.m.
Your implication (child molestation?) is a giant leap. The article indicates that the law forbids a relationship with a patient/former patient for at least 2 years. While illegal and unethical, these charges are A LONG WAY from making this guy a child abuser!
Belgium
Thu, Feb 7, 2013 : 4:22 p.m.
At least it's formerly.
Carrie
Thu, Feb 7, 2013 : 1:31 p.m.
If he is convicted it will result in loss of his license.
atwomom
Thu, Feb 7, 2013 : 1:59 p.m.
Yes, and it absolutely should. Every health care professional needs to understand the power dynamics between provider and patient, and the vulnerability of the patient. If convicted, he should be out of business completely.
Saline_Wins
Thu, Feb 7, 2013 : 1:47 p.m.
He is 61 yrs old. I don't think he will be practicing more then a few more years anyway.
actionjackson
Thu, Feb 7, 2013 : 12:57 p.m.
I would like to hear the "rest of the story" as Paul Harvey once said.
mkm17
Thu, Feb 7, 2013 : 12:13 p.m.
If the charges are true, Dr. Falkner's actions were egregious. It might not be logical or fair, but I hold health care workers, law enforcement workers, attorneys, and judges to a higher standard than us "regular" people.
johnnya2
Sat, Apr 27, 2013 : 6:03 p.m.
So if a police officer ever has sex with an ADULT who they are professionally servicing (say they were a victim of a crime or were in an auto accident) you think they should be forced to wait TWO years to have a relationship with them? The law is stupid. Unless the Dr forced the sex or used some form of drug on her (or him) then it was consensual sex. Also, I want to know how certain professions are now held to some double standard. That is about the most ridiculous un American thing I have ever heard.
Frustrated in A2
Fri, Feb 8, 2013 : 6:30 a.m.
I think restaurant workers, students, nuclear physicist and shoe salesmen should be held to a higher standard than us "regular" people. Or everyone can just be treated as regular people who do wrong things either intentionally or unintentionally.
John of Saline
Thu, Feb 7, 2013 : 4:50 p.m.
Like Richard Armitage? Yep, that wasn't handled: http://en.wikipedia.org/wiki/Richard_Armitage_(politician)#Role_in_Plame_affair
Belgium
Thu, Feb 7, 2013 : 4:21 p.m.
Yes, I agree. And if a politician outed a CIA agent, I'm sure we'd hold them to the same higher standard. Oh, wait....
CincoDeMayo
Thu, Feb 7, 2013 : 2:37 p.m.
It's fair.
Enso
Thu, Feb 7, 2013 : 2:20 p.m.
I agree, and I think we all should. And when a cop breaks the law I also think s/he should be sentenced more severely. Afterall, they are the ones entrusted with upholding the law in the first place.