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Posted on Sun, Mar 3, 2013 : 12:28 p.m.

Ann Arbor psychologist charged with criminal sexual conduct has hearing adjourned

By John Counts

David_Vernon_Falkner.jpg

David Falkner

Courtesy of WCSO

The 61-year-old Ann Arbor psychologist charged with four counts of criminal sexual conduct had his preliminary examination adjourned to March 28 in the 14A-1 District Court Thursday.

David Falkner's attorney, John Shea, is currently tied up representing Bernard Kilpatrick in the federal corruption trial in Detroit. The jury is still out in the case involving former mayor Kwame Kilpatrick, his father and Bobby Ferguson.

Falkner is accused of having an "inappropriate relationship" with one of his patients. Police say the victim is a woman older than 18 but have not released any additional information about the case.

Falkner, who is free on a personal recognizance bond, faces four counts of fourth-degree criminal sexual conduct. Each count is punishable by two years of imprisonment or a fine up to $500.

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

Tue, Mar 5, 2013 : 6:31 p.m.

The School Psychologist at Haisley during 1986: I met a School Psychologist at Haisley Elementary School during 1986 and he had come there to conduct an evaluation to know if my son needs any help. From this photo, I am not able to recall that person, but there is some similarity in appearance. The School District may have employed two psychologists. My impression at that time was that the psychologist had not applied objective criteria to assess the psychological function and had deliberately intended to help the vested interest of a person employed as a Special Education teacher as that position/employment requires some minimum number of students with special educational needs. This story is about ethical standards and professional conduct and hence I am sharing my personal experience.

Dexterdriver

Tue, Mar 5, 2013 : 5:41 p.m.

Having known David Falkner for more than 25years I greatly encourage the public to reserve judgement regarding these allegations. I have always respected his professionalism and would wait and see what this is about.

Gardener1

Mon, Mar 4, 2013 : 10:59 p.m.

The Dr. title was first used for PhD's and later for MD's.

Elijah Shalis

Mon, Mar 4, 2013 : 2:25 p.m.

That is Dr. David Falkner, he has a Ph.D. and earned it.

dancinginmysoul

Tue, Mar 5, 2013 : 5:35 p.m.

dimsoul is acceptable :)

DBH

Tue, Mar 5, 2013 : 2:20 a.m.

I regret your sense of undignification of my address to you. It was a simple shortening of your 15-character screen name that led to @dims, not an intentional slight. I often shorten long screen names for the sake of brevity and reduction of typing. I am, though, surprised that you felt your dignity was compromised by my simple abbreviation. I will endeavor in the future to refrain from using that abbreviation for the sake of your dignity. I'm guessing @dimsoul would be out too, right? ;-)

dancinginmysoul

Tue, Mar 5, 2013 : 1:58 a.m.

please don't call me dims. it's so undignified.

DBH

Mon, Mar 4, 2013 : 11:35 p.m.

@dims, your statement presumes I do not accept your premise. I, in fact, do accept it. I made my suggestion for the purpose of clarity, not for the purpose of correction. Many people (rightly or wrongly) assume someone described as a "Dr." to be a physician, not someone holding a doctorate. The sterotypical example, "Is there a doctor in the house?", is a question in search of a medical physician, not a PhD. As Quintilian wrote centuries ago, "We should not write so that it is possible for the reader to understand us, but so that it is impossible for him to misunderstand us."

dancinginmysoul

Mon, Mar 4, 2013 : 6:54 p.m.

@DBH, accept when you have a PhD you are, in fact, a Doctor and have earned the right to be called such.

DBH

Mon, Mar 4, 2013 : 5:28 p.m.

Or, to just avoid any possible confusion with him being a physician, "David Falkner, PhD."

seldon

Mon, Mar 4, 2013 : 4:15 p.m.

I think what he means is that the article and photo caption should refer to Dr. Falkner as "Dr."

justcurious

Mon, Mar 4, 2013 : 3:26 p.m.

You know the man but probably, at this point, you (like the rest of us) know nothing about this case and why he has been brought up on charges. Best to wait and see what the courts say.

seldon

Mon, Mar 4, 2013 : 1:52 p.m.

Given that this is a clinical psychologist who is accused of being in an "inappropriate relationship" with a patient, the section of the law which most closely matches the information we have in the article is this: 750.520e.amended Criminal sexual conduct in the fourth degree; misdemeanor. (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: (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.

An Arborigine

Mon, Mar 4, 2013 : 12:15 a.m.

Good, sounded like a typical trumped-up charge from the AA Prosecutor's office.

Sarah Casello-Rees

Tue, Mar 5, 2013 : 1:54 p.m.

Curious; How exactly would these charges be "trumped-up?" Doesn't somebody have to file a police report? Prosecutors can't randomly charge someone with a crime.

PineyWoodsGuy

Mon, Mar 4, 2013 : 5:22 a.m.

@Arborigine. Truth will out, but I am inclined to agree with your comment concerning "typical trumped-up charge." That is the Hallmark of the office.

Colorado Sun

Mon, Mar 4, 2013 : 2:45 a.m.

It is the County Prosecutor, not the Ann Arbor City Attorney, that has filed the charges.

Michigan Reader

Mon, Mar 4, 2013 : 12:30 a.m.

Justice is delayed, not denied.

packman

Sun, Mar 3, 2013 : 11:33 p.m.

@nickcarrieghway You can look it up here... http://sapac.umich.edu/article/189

nickcarraweigh

Sun, Mar 3, 2013 : 11:08 p.m.

Hard for a layman to know what to think about this kind of thing, since I don't have any idea what "fourth degree criminal sexual conduct" means.

seldon

Mon, Mar 4, 2013 : 1:50 p.m.

No, it's probably not that one. See my response below.

JBK

Mon, Mar 4, 2013 : 1:50 a.m.

Here you go! (iv) When the actor engages in the medical treatment or examination of the victim in a manner or for purposes which are medically recognized as unethical or unacceptable. Criminal sexual conduct in the fourth degree is a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $500.00, or both.