Accused rapist attempts to derail trial claiming affair with D.A.

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by James Muñoz / KENS 5

Bio | Email | Follow: @americasjim

kens5.com

Posted on June 4, 2013 at 7:48 PM

Updated Wednesday, Jun 5 at 10:07 AM

SAN ANTONIO-- Calvin Day worked as a dermatologist in San Antonio for 25 years. In 2011, San Antonio Police arrested him and charged him with sexual assault.

Tuesday afternoon, Day attempted to derail his trial by claiming he had a one-night affair with Bexar County District Attorney Susan Reed during a reported trip to Las Vegas in 2006. Defense Attorneys wanted Reed and her office removed from the case. A judge denied the motion.

District Attorney Susan Reed addressed the court in case the issue comes up again.

"It was my intent to establish that I have never had any sexual experience with the defendant," said Reed. "The defendant and his wife were not with us. The defendant wasn't with us nor was his wife. It was just the group that I was with. Anything different to that would not be true."

Calvin Day turns 62 next month. He's accused of sexually assaulting two patients. In one case he's accused of luring a patient to a back locked room where she claims she was fondled.

Defense Attorney Alan Brown said his client is innocent.

"A lot of people get falsely accused and it's a he said, she said situation and I hope that it all comes out okay and I think once the jury hears it, he'll be fine," said Brown.

Jury selection begins Wednesday at 10:30 a.m.

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