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Spokane, Washington  Est. May 19, 1883

Nail Wants Tapes Barred From Court

Phone Conversations Allegedly Describe Sex Acts Between Spokane Doctor, Teen

Kevin Keating Staff writer

Spokane doctor Gregory Nail, charged with molesting an Idaho boy, is fighting to keep recorded telephone conversations between himself and the youth out of court.

The calls describe sex acts and homosexual behavior between Nail and the teenager he’s accused of sexually abusing, authorities said.

Nail, 47, has a family practice in Spokane. He was charged last year with two counts of lewd conduct. Nail has pleaded innocent to the charges, which were filed in Bonner County where the doctor has a summer home.

Authorities said Nail engaged in oral and anal sex with the teenager between 1987 and 1991. The teenager was 12 when the alleged abuse began. He is now 19 and came forward with the charges last summer.

At a hearing Friday, Nail’s lawyers tried to convince a judge that the taped phone calls were recorded illegally and should not be used as evidence. The two attorneys also want the judge to toss out evidence seized from the doctor’s personal computer two months ago.

According to court records, information from Nail’s computer files showed numerous conversations with gay men on a computer bulletin board. Nail also described his most exciting gay sexual experience, one that closely resembles his encounters with the teenager on a boat, the documents said.

Nail has denied being gay. He said he was helping the teenager deal with his homosexuality.

Prosecutors said they also found a computer questionnaire Nail filled out about himself and posted on a gay bulletin board along with a photo. Computer files also showed conversations Nail had with gay men in the medical profession, including one that directed him how to access sexually explicit photos of gay couples.

First District Court Judge Gary Haman made no decision about the evidence Friday. He canceled the hearing to give Nail’s attorneys more time to prepare arguments. The judge also moved Nail’s trial from October to next April.

The controversial telephone conversations were taped in December of 1993 while the teenager was staying at his grandparents’ home in California. The grandparents have security cameras installed throughout their house and record all incoming and outgoing calls.

Many of the conversations between Nail, who called from Spokane, and the teenager were recorded. Nail’s attorneys claim the tapes are illegal because Nail was not aware he was being recorded. It’s illegal in California and Washington to record calls without consent of both parties.

Bonner County Prosecutor Tevis Hull maintains Nail was aware the conversations were being taped. A transcript of several calls shows the teenager told the doctor the phone was tapped.

“It makes me really nervous thinking that these … all these phone calls are on tape,” Nail was recorded saying. “(It) makes me nervous, ‘cause I’ve said a number of things that are not good, and you, too.”

The doctor and the teenager talked about using a pay phone so the calls would not be recorded.

Nail’s attorneys said the evidence from the doctor’s computer was taken illegally and violated Nail’s right to privacy. Authorities got a search warrant for Nail’s Spokane home July 7, and seized his computer and computer disks. They looked for credit card bills with charges to a gay computer bulletin board.

The teenager and his parents, who live in Hope, Idaho, were close friends with Nail. They previously filed a civil suit against the doctor because of the alleged sexual abuse.

The case was settled out of court after Nail paid the teenager and his family $100,000. Glen Walker, one of Nail’s attorneys, previously said the settlement was a financial decision, not an attempt to cover up wrongdoing.