Sexual assault survivors’ advocates denounce efforts by Army doctor’s lawyers, accused of abuse more than 40 patients, to obtain never-before-seen footage of CBS News interviews with two of his accusers ahead of the court-martial against him.
The defense demanded that CBS News turn over unaired footage of interviews with two retired soldiers who spoke to CBS News, with their faces shadowed and their identities protected, in a report that aired for the first time on “CBS Mornings” in February. In the broadcast interviews, both men described alleged misconduct that occurred under the guise of medical care provided by Maj. Michael Stockin.
“Survivors have already endured unimaginable trauma,” said Josh Connolly, senior vice president of the victims’ advocacy group Protect Our Defenders. “Their courage to tell their stories should be met with unwavering support and protection, not further exposure and risk.”
Connolly said the subpoena seeking the CBS News footage “risks undermining the trust and safety that survivors deserve, and it sends a chilling message to others who might consider coming forward.”
CBS News reached out to the Army’s Office of Special Counsel, which declined to comment, saying it had not seen Protect Our Defenders’ statement.
Stockin, an anesthesiologist at the pain management clinic at Madigan Army Medical Center on Joint Base Lewis-McChord, faces 47 counts of abusive sexual contact and five counts of indecent viewing under the Code of Military Justice, involving 41 alleged victims who were his patients, according to the Army. indicted on charges in February.
The Army says Stockin remains suspended from his nursing duties but still performs administrative duties at Madigan Medical Center in a non-clinical area. The trial in the case is scheduled for January 2025.
Stockin pleaded not guilty.
In a statement to CBS News, Stockin’s attorney Brad Simon said the defense was “entitled to all statements” from the alleged victims about their allegations.
“This evidence is essential for the defense to properly prepare for trial and to ensure that Major Stockin’s rights are respected. It is unconstitutional to suggest that the defense is not entitled to statements made by the alleged victims themselves about their own allegations,” Simon said. “Victim advocates who suggest this denial of evidence wish to deny Major Stockin a fair trial, and that should terrify anyone who believes in due process.”
An Army judge will hear arguments Thursday on CBS News’ motion asking the court to deny the defense’s request for the unaired footage of the interview. In response, Stockin’s defense attorneys are asking the judge to deny the request, saying “this evidence is vital to Maj. Stockin’s receiving a fair trial,” according to a court filing on the matter.
The two men who spoke to CBS News earlier this year have reported their allegations to military investigators and expect to eventually be publicly identified as victims at trial in the ongoing criminal case against Stockin. They spoke to CBS News on the condition they not be identified, saying they feared retaliation. CBS News recorded the interviews behind the scenes and did not identify them by name in its broadcast.
In asking the military judge to reject the subpoena, CBS News lawyers argued that interviews with confidential sources should be protected by widely accepted attorney-client privilege and that the request was “nothing more than a fishing expedition.”
“This privilege protects journalists from the compelled disclosure of their confidential sources and unpublished newsgathering material, such as the unpublished footage here that involves CBS’ confidential sources,” wrote Michael Berry, an attorney representing CBS News.
In a court filing on the case, prosecutors said: “There is nothing in the footage released to indicate that the alleged victims said anything inconsistent with prior statements.”
However, the government asked the judge to review the footage not shown in chambers “to determine the relevance, if any, of the footage.”
One of the men, who sought the doctor’s help to treat arthritis in his shoulders, said he was initially “very confused” by Stockin’s examination.
“Dr. Stockin and I were left alone in the room. He first checked my shoulders, then he asked me to stand up, pull down my pants and lift up my blouse,” he said. “Dr. Stockin was at my groin and he started touching my genitals.”
The other said he was sexually assaulted by Stockin three times and described a similar experience, receiving what he called an “alternative evaluation.” He said he struggled to understand why this visit was different from any he’d ever had with a doctor.
“Even with my wife, I couldn’t talk about what happened,” he said. “It was very uncomfortable.”
In a statement to CBS News, Ryan Guilds, a civilian attorney representing the men interviewed, said: “The military has a trust problem with victims. And this doesn’t help.”
“The government’s willingness to require victims to interact confidentially and anonymously with the press is just the latest example of a military justice system that treats victims with ambivalence and disrespect – placing the burden on victims not only to come forward but to fight for their own privacy and justice,” Guilds said.
According to a filing by Stockin’s attorneys, the government is “the only body with the authority to issue such subpoenas to appear before courts-martial.” In this case, the military says it served the subpoenas on CBS News at the defense’s request, according to a filing by CBS News.
The filing goes on to explain that Maj. Ryan Keeter of the U.S. attorneys told CBS News that neither the defense nor the prosecution teams know the identities of the alleged victims who spoke with CBS News, and that the defense was seeking that information to potentially raise questions during cross-examination about possible inconsistencies in their statements.
“If journalists are routinely forced to violate their confidentiality assurances in response to subpoenas, their ability to credibly provide confidentiality to their sources – and, as a result, to acquire information that can only be obtained with such assurances – will be seriously compromised, and important reporting, such as this one, may never reach the public,” Berry wrote.
