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D.A. Rejects Criminal Charges for Doctor in Abuse Case : Regulations: The 50 charges of sexual misconduct against Tustin gynecologist Ivan C. Namihas are too old to be prosecuted, county decides. He is expected to lose his medical license within 2 weeks.

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TIMES STAFF WRITER

The county district attorney’s office Wednesday announced as expected that it will not bring criminal sexual abuse charges against Tustin gynecologist Ivan C. Namihas, principally because of statute-of-limitations problems.

Namihas, 59, had been accused by the California Medical Board of sexually abusing about 50 of his patients, starting as far back as 1982.

On Tuesday, Namihas failed to rebut the abuse charges at a Los Angeles court hearing he declined to attend, thus freeing the state board to revoke his medical license permanently. The board is expected to take that action within the next two weeks.

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But while Namihas will probably have his license revoked for improper behavior, the charges against him are too old to be prosecuted in criminal court, the district attorney’s office said.

After a meeting Wednesday with investigators, Deputy Dist. Atty. Jan Charles Sturla said it was decided that no criminal charges could be pursued against Namihas. Sturla is head of the district attorney’s sexual assault and child abuse unit.

Sturla said the “vast majority” of allegations against Namihas involved incidents that took place more than a year ago. And Sturla said there is a one-year statute of limitations for the prosecution of such crimes.

The district attorney’s decision was praised Wednesday by Paul S. Meyer, a Costa Mesa attorney who had represented Namihas. He said the district attorney’s office had been under “intense pressure” because of publicity about the case.

Meyer also said the California Medical Board “has sought to use publicity rather than fact to influence the district attorney.”

“It took great character and integrity to withstand media pressure and make the right call in this case, which the district attorney has done,” he said.

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Sturla, however, said news coverage of the charges against Namihas did not affect the district attorney’s investigation and decision.

Sturla said his office decided not to prosecute mainly because the accusations are too old to be brought into court.

Sturla said there had been an extensive joint criminal investigation of Namihas by his office and Tustin police. Their inquiry “included the interview of 91 former patients and other witnesses covering a 26-year time period from 1966 through February, 1992,” he said.

“After review and consideration of the investigative facts, it was concluded that all complaints were legally barred by the applicable statute of limitation period of one year or lacked legally sufficient evidence to prove criminal conduct . . . beyond a reasonable doubt,” Sturla added.

Namihas has been unable to practice medicine since March 13, when an Orange County Superior Court order temporarily suspended the doctor’s license. The medical panel was prepared to argue in court this week for a permanent revocation of Namihas’ license.

But Namihas, alleging that there had been “unending media attention” in his case, declined to appear in court to defend himself in the civil hearing.

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