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Keokuk Chiropractor Not Guilty of Assault

A jury found Dr. Andrew Kearse of Keokuk not guilty of simple assault. Kearse was accused of inappropriately touching a female patient during a chiropractic session in June 2015.

It took the jury of four women and two men fewer than 30 minutes to return the verdict after the one-and-a-half day trial in the second floor courtroom in the south Lee County Courthouse. 

The 29 year-old woman from Keokuk testified that a family member recommended she see Dr. Kearse to treat ongoing migraines. She said her first treatment was the first week of June 2015. She felt the session helped so she returned on June 11.

The woman testified that when she arrived, Kearse told her that he did not have any gowns for her to wear and she would have to take off her shirt, which she did. She said the session started out as the previous one -- with a chiropractic adjustment and a massage -- but she said it eventually became more physical.

She said he moved behind her and unhooked her bra at one point. She said he also moved closer to her, and pulled her close to where she could feel that he had an erection, noting that there were no other staff members or patients in the office at the time.

"I am sitting there thinking, 'OK, what do I do? I don't know what to do,'" she testified.

She said they went to another room and he told her to get undressed.

"My instincts were if I were to play along and pretend this is normal, he won't get mad and hurt me. I was there alone."

The woman described how Kearse started rubbing parts of her body, including her breasts, and asking her about her sex life. She said she told Kearse she needed to leave, but she said that he told her he still needed a few more minutes.

"This is it," she said. "I did not know what to expect. I did not know if I was going to walk out. I did not know if I was going to be raped or beat up."

The woman said Kearse apologized to her for being unprofessional and proceeded to schedule at least three more appointments for her. She said she went along with it because she was scared, adding that when she got to her car, she called her husband and her mom and the Keokuk Police Department.

During cross-examination, Kearse's attorney, Curtis Dial of Keokuk, questioned the woman regarding several aspects of her testimony, in particular her reason for getting undressed.

Dial asked her why she said she told police that Kearse told her she could keep her pants on but during the trial, she said he told her she had to take them off. She said she was "playing along" with Kearse so as to not make him mad.

The jury heard about 30 minutes of an interview between Kearse, Ryan Herman of the Iowa Division of Criminal Investigation, and Stephen Dray with the Keokuk Police Department.

During the interview, Kearse said several times that he did not want to go to jail while also saying that what he did was unethical, but not criminal. He repeatedly stated that he always asks patients if they are comfortable .

"Chiropractic is hands-on and sometimes my comfort level differs from the patient's comfort level."

Also during the interview, Kearse told officers that he had been a little down lately and depressed, finding himself "in a place you have never been." He said he called the woman after the incident to apologize for his conduct.

"It was a bad circumstance in my life. I succumbed to my temptation."

But Kearse said repeatedly that she never said no and that nothing in her body language would have led him to think she was uncomfortable.

When called to the stand, Kearse said he did have a gown for the woman to use but she did not want it. He said he asked her for permission to undo her bra, which he said she allowed to fall to the floor. He said as he began to massage her, he asked again if she was OK.

"She started to move and sigh as if she was excited," said Kearse. "As she acted more excited, I got more excited. I asked if she was OK and she continued to say she was."

Kearse said he apologized to her, but he said the woman did not seem to mind, saying, "I'm a biker chick, you're a warm-blooded man." That phrase was repeated numerous times throughout the trial.

During cross-examination, Lee County Attorney Mike Short focused on whether the woman was too scared for her safety to be able to leave. Kearse said, "At no point. There was nothing stopping her from leaving."

Short also questioned Kearse about why he told police nothing happened in one of the rooms in his office, but then he testified that most of the sexual contact happened in that room.

There were no other witnesses to the incident so the trial turned into a case of "he said, she said," which the attorneys focused on during their closing statements. Lee County Attorney Mike Short stressed how the woman was compliant because she feared what would happen to her.  Defense Attorney Curtis Dial said the woman changed aspects of her story to best suit her claims. 

Assault Definition

The jury had to decide whether Kearse's actions warranted the charge of assault, which is defined as any act which is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act.

Iowa Board of Chiropractic

The Iowa Board of Chiropractic launched its own investigation into Kearse following his arrest. The board said, during the investigation, it learned of six other women who had made complaints to the Keokuk Police Department regarding Kearse.

That information was not allowed into his criminal case, but it did prompt the board to prohibit Kearse from providing services to female patients.

A spokeswoman for the board said Wednesday afternoon that the criminal case is independent of the board's investigation, so the board will continue with its case.