BY TOM O'NEILL
The Cincinnati Enquirer
BATAVIA -- A procession of colleagues and patients testified Wednesday in defense of a Withamsville chiropractor charged with raping a patient during an examination.
Testimony contrasted sharply with the first day of Dr. Nicholas Driever's trial in Clermont County Common Pleas Court, in which a 22-year-old Owensville woman testified for several hours about improper touching that she said startled her.
After assistant county prosecutor Greg Chapman rested his case early Wednesday, Dr. Driever, who is serving as his own attorney, questioned 10 witnesses who supported his professional practices, including the reflex treatments that involve muscles near the pubic bone.
The woman claims Dr. Driever touched her genitalia well below the pubic bone, which prosecution expert witness John Heidrich said was improper.
Dr. Driever's witnesses included women -- of various ages -- who said similar treatments on them were proper and effective, though none described being touched in exactly the same area the victim alleges.
Licensed massage therapist Amy Wardwell, who shares an office with Dr. Driever and who once worked for him, said she'd observed "hundreds, thousands" of weak-muscle manipulations in the pubic area and was unaware of other complaints.
She acknowledged on cross-examination that she wasn't present when the complainant said she was examined twice last July.
A current patient, Paula Black, told Dr. Driever: "You've always explained (procedures) clearly to me," and said none was improper.
That testimony was echoed by longtime patient Kelly Painter, who said muscle manipulation in her pubic area was helpful, particularly during her pregnancies.
As was the case Tuesday, Dr. Driever used demonstrations during his questioning, providing him an opportunity to express his view of proper procedure without subjecting himself to immediate cross-examination. The public defender ordered by Judge William Walker to serve as the defendant's standby, Marshall McCachran, said that's one of the "upsides" to a defendant's representing himself.
He added that Dr. Driever was more effective questioning his own witnesses. But when asked whether Dr. Driever was effective cross-examining his accuser, Mr. McCachran said, "I don't see how he could; he's not a trained attorney."
The trial was to continue this morning.
Dr. Driever remains jailed on $500,000 bail.
