Prosecutors will use DNA evidence in their case against Dr. Tory J. Westbrook in an attempt to prove that he traded sex for prescription narcotics during encounters with a patient at his Clinton office, according to new court documents released Wednesday.
Westbrook appeared in Middletown Superior Court Tuesday, where the latest warrant was released during a brief hearing before Judge David Gold. Westbrook’s lawyers filed a motion before Tuesday’s court appearance requesting to publicly identify the latest accuser, an as-yet-unnamed 42-year-old woman, according to court officials.
The lawyers argue that since the latest allegations deal with drug crimes, the woman does not gain the same protections against public disclosure as sexual assault victims. Gold agreed to hear arguments on the motion when Westbrook returns to court on Oct. 11.
The woman said that she had sex with Westbrook at his office at the Community Health Center in Clinton for approximately a year, beginning in the spring of 2011. She estimated that she and the married Westbrook had sex approximately 20 times in that manner, according to the affidavit.
The woman told police that Westbrook scheduled appointments every two to three weeks after their first sexual encounter. During the appointments Westbrook exchanged sex for Oxycodone prescriptions, the woman said.
According to the warrant, the woman first went to the health center for head pain, for which Westbrook prescribed Oxycodone. She told police that she “soon became addicted,” the warrant said.
The woman brought police seven used condoms that she claimed were used during sex with Westbrook; the DNA taken from the condoms was consistent with a sample taken from Westbrook in June. The woman told police she saved the condoms because she “knew what Dr. Westbrook was doing to her was wrong and she wanted proof,” the warrant said.
