A Frederick pediatrician charged with raping a female patient must come up with $100,000 fully secured bail before his release, a judge ordered Wednesday.

Judge Julia Martz-Fisher set the bail during a hearing in the case of Dr. Ernesto Torres, 68, against the wishes of the Frederick County State's Attorney's Office which asked that he be held without bail. Torres' attorney asked that he be released on his own recognizance. 

If he can secure the $100,000 bail, Torres will be released on home detention through the Frederick County Sheriff’s Office. He will not be allowed any unsupervised contact with minors or patients, but Martz-Fisher will allow the medical board to determine if Torres can practice as the case goes through judicial proceedings. 

Under home detention, Torres will be allowed to attend work, medical and religious appointments, Martz-Fisher said.

Assistant State's Attorney Tammy Leache asked for Torres to be held without bail during the hearing. She said that there are 11 active investigations, some which date back 30 years, that are now ongoing. The additional investigations began after Torres' arrest was announced Tuesday.

There are no additional charges from those investigations as of Wednesday, Leache said. Martz-Fisher said she would only consider the case for which charges had been filed when making her decision.

Torres was arrested Tuesday after he allegedly sexually assaulted an 18-year-old patient. The Frederick Police Department began an investigation on April 26.

A female patient, who had seen Torres since she was a child, reported that she visited Torres for a follow-up appointment about medication. During the appointment, she had an anxiety attack, prompting Torres to give her a physical examination, Leache said during the hearing. 

During the examination, Torres allegedly put his hand down the patient's pants and touched her for several minutes, during which the patient was fearful and felt she could not leave, Leache said. 

When Torres spoke to police, he corroborated the patient's statement and said that he was touching her pelvic area for one to two minutes, Leache said. Torres attempted to clarify his statement during the bail hearing but was advised by his attorney, Richard Bricken, to not speak. 

Torres' sister and his office manager were present at the hearing. His office manager confirmed during the hearing that she or another female staff member would be in the room when Torres saw a patient. His sister declined to comment.

Torres said he has a green card and has not left the country since he began practicing. According to his practice's website, he started practicing in Frederick in 1979. He is part of the community, and many of the Hispanic children in the county come to his practice as he is bilingual.

"I would never leave my practice," he said during the hearing. 

During the hearing, he expressed concern for a Spanish-speaking patient who recently underwent a medical procedure. Torres said he worried that he would not be seen by another Spanish-speaking doctor. Torres' sister told Martz-Fisher that she received calls from concerned mothers and the Hispanic community needed Torres.

Leache argued that given the charges against Torres, he should not practice medicine, but Martz-Fisher elected to leave that to the medical board. 

In a press release, Frederick County State's Attorney Charlie Smith said that his office is investigating each of the 11 cases to determine if additional charges will be filed. He encouraged anyone with information to go to the authorities. Detective Sean McKinney can be reached at 240-578-5683.

Smith said he and his office is disappointed that a bail was set in the case, but he respects the judge's decision. 

"We believe based on the allegations that Dr. Torres poses a significant threat to the public, which is why we requested he be held without bond," Smith said in the statement.

The state's attorney's office is working closely with the Frederick Police Department on the additional investigations. If there is sufficient evidence to go forward with charges, Frederick Police could file charges or the state's attorney's office could take it to a grand jury, Smith said. 

Bricken, who is representing Torres, did not respond to a call for comment. 

Torres is charged with second-degree rape, second-degree assault and fourth-degree sexual offense. He was indicted by a grand jury on May 3. Attorney Lindell Angel, with the Frederick County State's Attorney's Office, presented the case before the grand jury.

Follow Heather Mongilio on Twitter: @HMongilio

Heather Mongilio is the health and Fort Detrick reporter for the Frederick News-Post. She can be reached at hmongilio@newspost.com.

(33) comments

cleanrunoff

I agree with the defenders of the good doctor. Everybody knows that women are flighty and petty creatures who will use their wiles and status as needing protection to bring career killing accusations against those who may slight or ignore them. "Hell hath no fury ..." In all likelihood, the doctor, like my family priest, was simply trying to provide comfort to the patients, and it was misinterpreted. Highly placed and respected men like physicians and clergy do not, are not capable of engaging in this sort of behavior, and everyone with any faith knows it.

mrnatural1

Well said cleanrunoff.

At this point there is no way to know whether Torres is guilty or innocent.

In any case like this -- regardless of the defendant's profession, race, religion, gender, etc -- it's best not to rush to judgement.

fisherkid89

He was being sarcastic.lol

mrnatural1

fisherkid,

If your comment was directed at me, I was aware that cleanrunoff was being sarcastic. His/her comment was dripping with sarcasm:

On May 10, 2019 7:55am, cleanrunoff wrote (in part):

"Everybody knows that women are flighty and petty creatures who will use their wiles and status as needing protection to bring career killing accusations against those who may slight or ignore them."

"Highly placed and respected men like physicians and clergy do not, are not capable of engaging in this sort of behavior, and everyone with any faith knows it."

Those are obviously sarcastic statements. My reply was written from a point of view of, "Yes, people who think that way are "misguided" (at best) and likely to jump to conclusions -- as are people who think alleged victims *always* tell the truth and alleged 'perps' are always guilty."

An unrelated but recent example of mob justice gone wrong was the lunch lady who was supposedly fired for giving a kid a free meal. Everyone came to her defense; she was offered her job back; a celebrity chef offered her a job; and people raised over $8,000 for her. Then a few days later the kid's mom said the lunch lady was lying, the kid brought a bag lunch from home every day, but for some reason she had been giving him free meals for 3 months!

Oops. That rush to judgment will git ya every time!

It's best to keep an open mind.

Betty7393

This is my first time replying on TFNP website and I’m only doing so because this case hits close to home. Dr. Torres has been my children’s dr since the day they were born. I agree with people when they say, “a dr wouldn’t do this,” however, as I read this story, this girls account is verbatim to what he did to my daughter 13 years ago, while I was in the room! She went in for cramping, he said he wanted to perform a pelvic exam. Not only did he feel around under her spandex (which I ok’d) but he went under her underwear and began to feel the upper part of her vagina. I saw the look of terror on my daughters face and asked her what was wrong. He stopped immediately and left the room. My daughter was in tears. I confronted him. He denied it as my daughter was bawling her eyes out. Something felt out of place! I chose the best course of action as a parent that day. We left the practice and then I filed charges. I was investigated twice and was told I was the only person who had ever made these accusations towards the good dr. Well, according to the article, looks like other have complained before I did. I know girls do some messed up things but my daughter was 12 at the time and had been his patient from the day she was born. He took advantage of other patients which I find absolutely horrific. I’m just saddened that my daughter wasn’t believed. I believe people are pretty naive to think that drs and clergy aren’t capable of this kind of behavior.

mrnatural1

Very good comment Betty, thank you.

newspostreader

The other day it said that he was indicted by a jury. Today it seems as though he has only been charged and nothing more. How are you indicted when you haven't had your case? I'm not understanding how this works.

shiftless88

A grand jury can indict someone by prosecutors demonstrating there is sufficient evidence to charge. It is different than a trial as they do not determine guilt or evidence. It is a barrier to prevent prosecutors from getting overzealous in charging people.

sevenstones1000

Please google “grand jury” and find out how American jurisprudence works.

Do they not teach civics in school?

sevenstones1000

For all the doubters who say this couldn’t possibly have happened, watch the HBO documentary on Dr Larry Nasser. The first ones to rush to his defense were other gymnasts who had also been abused - they later told the truth, when they were strong enough. And the parents were always in the room when this went on. Just watch the documentary and learn something,

rmaghan1

My siblings and I have been seeing Dr. Torres since the early 80’s. Anyone can accuse you of anything and the DA’s always try to make it stick. I’m just not buying any of this as it’s totally out of character for this man. This world today looks for reasons to be offended and this is the kind of crap that happens. Dr. Torres- you have my support, I pray the truth comes out and you are fully exonerated.

Amk977

I also support Dr.Torres. He is not only my children’s pediatrician but was also mine. I just can’t believe this is happening.

ragincajun

I will continue to say this...I stand by him at this time because he was a wonderful doctor and I am having trouble wrapping my head around these allegations against him. He is an amazing doctor and I've never seen him in the exam room without a nurse or parent in the room with the child. Sometimes people feel uncomfortable with exams and sometimes they are only uncomfortable with the person doing the exam. Your thoughts and feelings change as you grow older...maybe think of a doctor of the same sex and a doctor more suited for your ages. That's all I can recommend.

Amk977

I agree

KellyAlzan

Has anyone noticed that two regular screen names have not been commenting for a while? I swear they’re the same individual.

Hugs and prayers for the doc and alleged victims

Mama

The victims have better things to do than respond to news feed comments. If said individuals have spoken with the detective, why should they feed into the public’s desire for entertainment and drama? Survivors are not obligated to describe their experiences in detail. I, for one, have already made my case with the police. I would hope that other individuals don’t hesitate to share their stories if they are so inclined. Ask yourself... if Dr. Torres only assaulted one person, does that still make him a good person and doctor..? What if it was 11 people out of thousands? Is he okay because many didn’t experience improper touch while in his care?

KellyAlzan

What are you talking about?

priorparent

Why didn’t you report him before these allegations. I don’t understand getting on the bandwagon

Mama

I attempted many years ago. No one would believe it. It’s not a bandwagon as you so eloquently put it.

pappyjoe

Lottery system opened up. Victim may had got up-set when doctor refused to continue pain medication. Everybody has an opinion but all opinions can be from a twisted minded person. Don`t know or have been to see this doctor but, from accreditation on post read. Imaginations can form what ever thought your mind conceives.

rmaghan1

Nonsense - you need to know how the police and DA operate. If you have someone even think something happened then BAM! Your charged. If the DA need a Hail Mary because it may not stick, they present it to a grand jury, Kim’s of like a crap shoot/lottery to strengthen their charges. But no, sexually assault is abhorrent and never okay not even once. Not sure what you made that statement but know this- Dr Torres is a great doctor and this is shocking and I’m not buying it. Hopefully the truth will come out in the trial

pappyjoe

Pointing at accuser`s rmaghan not the doc.

Funshine

I don't share your low opinion of our police and prosecutor's office. I speak from personal experience that it is actually hard to get someone arrested. Twice I have had my car broken into, once in my driveway here in MD and once in TX. It took months of gathering evidence in TX to bring charges against the teen who stole my purse (with military ID!) and we had multiple video tapes of him using my card plus eyewitnesses. He got off anyway. Here in MD I went to the police, they got ATM footage of him using my card, and the CVS teller was able to pick him out of a lineup. Never charged.

KellyAlzan

Funshine, I feel that with sex crimes, police and state’s attorneys act on claims. You could today report me for a sex crime against you and I’ll go to jail.

These is a former fcso deputy who was recently arrested and charged with rape. He Adamantly denied the charges. And the state’s attorneys office just dropped the rape charges.

There is a man from Frederick currently service a jail sentence for sex abuse against 2 minor brothers. The brothers, now adults, say the abuse never happened. One brother told the FNP about how the states attorney (under Scott rolle) coached the boy on what to say in court. Among other unethical activity.

I know of a teen girl, who’s grandfather took her cell phone away from her. She falsely reported him for sex crimes. The FNP even wrote about his arrest and charges, along with his mugshot. Charges eventually were dropped.

Rape and sex crimes are no joke and should not be taken lightly. But, many innocent people get arrested and serve time in jail, all because of one’s claim that it happened, with no evidence or proof.

Angelscon

Or maybe it was not reported back in 1982 because our mothers were in denial that doctors would do such things. Or maybe our mothers were under the old belief that you do not draw attention to yourself because men are superior and women are not to be believed. She was wrong. Want more, my mother had a thousand excuses for not reporting it. Including exile from the family bringing disgrace to the family.

Vegan

Who are the two regular screen names that have not been commenting for a while?

pappyjoe

CD is one not commenting and little I know of him he's hardly ever taken a 2 week vacation. The boy is smart and a little ruff on comments but I sure do admire CD for Pub/Demo comments. If some loser that more than likely challenged him, got up-set in reporting him causing suspension. God have mercy on their sole.

rbtdt5

[thumbup]

KellyAlzan

Sam is correct.

rmaghan1

Kelly Azan aka the Libby Queen and CD Reid

Samanthapowers

what on earth are you jabbering about, pap s? we need a translator.

pappyjoe

Kelly had to jump over Vegan to reply cause you have a report only currently. Anyhow I would`t report you if you did something nasty to me, really cause I likem nasty women.

rbtdt5

[thumbup]

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