Trial delayed for nurse's aid accused of sexual assault - KMOV.com

Trial delayed for nurse's aid accused of sexual assault

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CRYSTAL CITY, Mo. (KMOV.com) - The criminal trial of a former nurse's aid at a hospital in Crystal City has been rescheduled for June.

Nurse's aid 34-year-old James Barak Smith is charged with 3 counts of deviate sexual assault.

Smith's criminal trial was stopped last week before jury selection began because witnesses said assistant prosecutor Catherine Crowley appeared drunk. Crowley no longer works for the prosecutor's office.

Smith is accused of inappropriately touching three older adult women when they were patients of Jefferson Regional Medical Center from August 2011 to April 2012. The hospital is under new ownership and is now called Mercy Jefferson Hospital.

Bob Kornfeld, son of one of the victims, told News 4 that the crime devastated his 78-year old mother and he said her health declined rapidly.

"My mom would be alive today. I'm wanting to say that. She had pretty good health, but she gave up. She asked God to go," said Kornfeld.

Three civil suits have been filed against the hospital for allowing Smith to continue to work as a nurses aid after patients and their families accused Smith of sexual assault.

Josh Tolin is an attorney for two of the victims. Tolin told News 4, "Clearly the hospital had a responsibility to protect their patients, number one and to take any sexual assault complaint seriously."

A spokesman for the hospital said he could not comment because litigation is ongoing.
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