Bath man pleads guilty to assault while conducting urinalysisBy JOHN KOZIOL
Union Leader Correspondent
February 01. 2018 8:50PM
NORTH HAVERHILL — A Bath man who worked as a phlebotomist at a local hospital pleaded guilty this week to a charge of simple assault in connection with touching a patient's penis during a urinalysis.
Appearing Jan. 30 in Grafton County Superior Court before Judge Lawrence MacLeod, Dirk Brown, 49, pleaded guilty to the simple assault charge, a misdemeanor, and was sentenced to a year in the county’s house of corrections, all of it suspended except for 45 days. He was placed on two years’ probation.
Two other misdemeanors, each alleging sexual assault with aggravated circumstances by Brown against a victim in his late-20s, were not prosecuted by the state.
According to court documents, the victim was at Cottage Hospital on Feb. 29, 2016, because his employer wanted a urinalysis done immediately. Court records did not identify the victim's employer.
Mariana C. Pastore, who is a Grafton County assistant county attorney, told MacLeod that had the state gone to trial against Brown on the simple assault charge, it would have proven that Brown had made physical contact with the victim.
Initially pleading “not guilty” to all three charges, Brown was scheduled to go to trial in mid-January, but he and his attorney, public defender James Brooks, and the state reached a plea agreement.
Except to say that he understood the proceedings and had entered his plea voluntarily and knowingly, Brown did not address the court during the plea-and-sentencing hearing.
When MacLeod asked Pastore whether the victim was present, ostensibly to give an impact statement, Pastore replied that he was working and unable to come to court.
Correction: In the precious version of this article the age of the victim was incorrect. He is an adult in his late 20s.