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Preliminary hearing for Provo doctor accused of sexual assault begins but is postponed

By Jacob Nielson - | Nov 4, 2024

Isaac Hale, Daily Herald file photo

Traffic streams past the Fourth Judicial District Courthouse on Thursday, March 26, 2020, in Provo.

A judge pressed pause Monday on a preliminary hearing in the case of a Provo OB-GYN accused of sexual assault.

The hearing at the Fourth District Courthouse in Provo for Dr. David Harrison Broadbent, who is being charged by the Utah County Attorney’s Office with forcible sexual assault, a second-degree felony, was postponed until Nov. 27.

This is the first criminal case brought against Broadbent, who is being charged with sexual abuse by over 200 plaintiffs in a separate civil case.

During Monday’s proceedings, the state prosecutor, Michael Starrs, brought to the stand detective Lafieta Asisi of the Provo Police Department. Asisi confirmed she was involved with the investigation into allegations against Broadbent and had interviewed the alleged victim.

Much of the hearing was spent in cross-examination, as the parties deliberated over hearsay objections. Starrs ultimately requested to move the hearing to another date due to time constraints, and the defense agreed.

Early in cross-examination, the defendant’s attorney, Cara Tangaro, asked the court to invoke the exclusionary rule, which would prohibit future witnesses from seeing or hearing the criminal proceedings. Several women who are plaintiffs in the civil case were in attendance.

Starrs objected to the motion, calling it “entirely speculative.”

Judge Kraig Powell neither granted nor denied the motion, because he didn’t find sufficient evidence from either side to make a ruling. However, Tangaro was permitted to make note of the people attending the proceedings digitally.

Brooke Heath, a plaintiff with the civil case against Broadbent, was at the hearing and afterward responded to Tangaro’s attempt to invoke the exclusionary rule.

“When Broadbent’s attorney tried to have us removed, I think it’s evident that they know we’re here, and that we’re getting to them,” Heath said. “And that’s not in a creepy way. That’s just to say, we’re not going away. It’s been three years and we’re still fighting.”

Tangaro responded to Heath’s comments in a text messageto the Daily Herald, saying, “Dr. Broadbent adamantly denies sexually abusing any patient. As his lawyer, I will continue to make appropriate arguments in Court to protect his rights. We will not engage with his accusers in the media.”

The Daily Herald typically does not identify alleged victims of sexual abuse unless they come forward publicly, as Heath has done.

The civil lawsuit against Broadbent initially was dismissed in October 2022 by a district court judge, who said the claims should have been filed as medical malpractice.

However, the Utah Supreme Court revived the lawsuit this past August.

According to Heath, the plaintiff’s attorney’s are requesting a change of venue for the civil case to Salt Lake City. A hearing regarding the venue is set for Nov. 22.