Plea Could Let Chiropractor Avoid Jail For Sexual Exploitation Of Women, Schwartz Agrees To Probation

Post Falls chiropractor Jeffrey B. Schwartz has accepted a plea agreement that could allow him to avoid being jailed for sexual misconduct with several patients.

City prosecutors have agreed not to recommend jail time, fines or oppose Schwartz’s request that he be placed on unsupervised probation, according to 1st District Court documents unsealed Wednesday.

Charles Lempesis, who represents Schwartz, will ask a judge to impose a withheld judgment and two years of probation, meaning the charges would be dismissed if Schwartz successfully completes probation.

Schwartz also must cooperate with state Board of Chiropractic Physicians investigators. Post Falls police detectives have asked the board investigators to review the women’s complaints.

Board officials, who could take disciplinary action that includes revoking a chiropractor’s license, would not confirm they are investigating Schwartz.

Six women have made allegations of forced sex acts, improper touching and unwanted sexual advances by the 50-year-old chiropractor during a three-year period.

Five of the women, who range in age from 28 to 49 years old, are former patients. The other is a 31-year-old former employee.

Post Falls City Prosecutor Joel Ryan charged Schwartz with two counts of misdemeanor sexual exploitation by a medical care provider on Monday. As part of the plea bargain, Ryan agreed not to prosecute any similar misdemeanor sexual offenses that occurred prior to July 10.

Ryan did not return a message left at his office Wednesday.

The agreement also calls for Schwartz to enter counseling, serve up to 20 days on the sheriff’s community work program and reimburse the state victims fund for all of the women named in police reports.

Sentencing is scheduled for July 30.

The chiropractor has admitted having sex with two patients earlier this year, according to court documents. Those women, 28 and 49, told police that Schwartz forced them to have sex with him in May and March, respectively.

The complaint made on May 13 by the 28-year-old woman started the police investigation. She told police the chiropractor raped her when she did not respond to his advances during a visit to his Seltice Way office.

Earlier this month, the 49-year-old told police Schwartz coerced her into having sex with him during a March visit to his house. Two months later, Schwartz talked the woman into another sexual encounter at his office.

Schwartz claims the encounters were consensual, according to police reports. He has refused to comment on the allegations and Lempesis has not returned phone messages.

Kootenai County prosecutors reviewed the 28-year-old woman’s complaint, but did not file rape charges, according to police.

Idaho law makes it illegal for a medical provider to have sex with a patient even if it is consensual. Maximum penalties for each offense are a year in jail and a $1,000 fine.

The Idaho Bureau of Occupational Licenses, which fields complaints for the chiropractic board and 16 other agencies, investigates about 300 allegations a year for those groups.

Complaints against chiropractors that are determined to have merit are reviewed by the five-member Board of Chiropractic Physicians, said Bud Hetrick, deputy chief of the state licensing agency. The board holds a closed hearing and can take disciplinary action ranging from a letter of reprimand to license revocation.

Investigations can take from several days to years to complete. Results of the investigations are not made public unless the chiropractic board takes disciplinary action, Hetrick said.

THE ALLEGATIONS Six women have made allegations of forced sex acts, improper touching and unwanted sexual advances by the 50-year-old chiropractor during a three year period.