A preliminary hearing for a Provo OB-GYN accused of sexual assault failed to reach a conclusion Tuesday afternoon.

The hearing at the 4th District Courthouse in Provo was a continuation from an initial preliminary hearing on Nov. 4 for Dr. David Harrison Broadbent, who is being charged by the Utah County Attorney’s Office with forcible sexual assault, a second-degree felony, and object rape, a first-degree felony.

The hearing will continue Feb. 10.

Tuesday’s portion of the court proceedings reached the closing arguments stage, where the state prosecutor, Micheal Starrs, argued a statement provided by the alleged victim in the case and the testimony of an expert witness was sufficient evidence for probable cause.

However, the defendant’s attorney, Cara Tangaro, requested additional time to present her argument, citing that it was after 5 p.m. and she didn’t “want to be rushed in the argument.”

Judge Kraig Powell ruled to allow a briefing period before hearing final oral arguments in the Feb. 10 hearing.

In his argument, Starrs detailed a statement submitted by the alleged victim, which claimed that on Jan. 6, 2020, she came to see Broadbent for an STD test, and Broadbent conducted a breast examination. Broadbent allegedly put his hands under her shirt and grabbed and squeezed her breasts.

“(The victim) described this as a sexual thing. She said she had breast exams in the past and never felt like it was a sexual thing. But, ‘The way Broadband grabbed my breast felt nothing but sexual,'” he said, quoting the alleged victim.

Starrs then pointed to the testimony of expert witness Susan Chasson, a nurse practitioner and former midwife, who testified Tuesday there appeared to be no medical reason to conduct the exam.

Continuing his argument, Starrs detailed a statement from the alleged victim that said during an appointment on Oct. 7, 2020, Broadbent spent 100 seconds conducting an endocervical swab on her.

“(The purported victim) described it as ‘very slowly,'” Starrs said. “‘He was counting while moving the swab around. And it was painful.'”

Starrs argued the incident was a crime committed for sexual gratification and pain, and cited Chasson’s testimony, in which she said the alleged incident was not consistent with a normal endocervical swab.

“In my experience, no, that’s an incredibly long time to sit there swabbing the endocervix,” Chasson said.

Starrs called to move forward to trial, citing State v. Schmidt, a case in which a judge at a preliminary stage dismissed charges against the defendant of sexual abuse, but the Utah Supreme Court determined the judge exceeded their discretion because there likely was probable cause of the defendant’s guilt.

Powell said Tuesday that if the case fell under the precedent of State v. Schmidt, he was “required to find in favor of the state’s plausible explanation,” but he granted the defense the opportunity to make an argument as to why State v. Schmidt did not apply to the case through briefing and oral arguments.

In a brief argument at the end of Tuesday’s hearing, the defense claimed Broadbent had reason to conduct breast and pelvic exams in his role as an OB-GYN and claimed that evidence shows the victim’s story changed as time went on.

Tangaro also questioned the believability of the alleged victim’s claims, citing an audio recording in which she recounted her interaction with Broadbent.

“I think you also can look at that for all sorts of things,” Tangaro argued. “I mean, she is giggling. She’s talking about looking at porn.”

Additionally, the defense introduced its own evidence to the case Tuesday: a pair of statements, including one from Broadbent’s chaperone who was on hand for his examinations, and one from a nurse who Tangaro said has similar qualifications to Chasson.

Tangaro declined a request from the Daily Herald on Wednesday to see the statements but confirmed they will be used in the defense’s written briefing, and she reemphasized a major part of her argument revolves around how the alleged victim’s story evolves.

“At the time literally immediately after the alleged event, (it’s) not really mentioned,” Tangaro said. “And then over time, her story gets more and more detailed as the civil suit comes about.”

There currently is a separate civil lawsuit being pressed against Broadbent, with over 200 women alleging sexual abuse.