Schenectady Man Arraigned On 71-count Indictment
Attorney General Spitzer and State Education Department Commissioner Richard Mills today announced that a Schenectady Grand Jury has voted an indictment against a Schenectady County man for the unlicensed practice of medicine, dentistry, and veterinary medicine and assaulting a patient during the course of treatment.
The indictment charges the defendant, Richard E. Holland, 55, with 71 counts including:
One count of Assault in the First Degree, a class "B" felony; three counts of Assault in the Second Degree, a class "D" felony; ten counts of Unauthorized Practice of Medicine, two counts of Unauthorized Practice of Dentistry and two counts of Unauthorized Practice of Veterinary Medicine, all class "E" felonies. In addition, Holland is charged with one count of Reckless Endangerment in the Second Degree; 26 counts of Criminal Possession of a Weapon in the Fourth Degree and 26 counts of Criminally Possessing a Hypodermic Instrument, all class "A" misdemeanors.
If convicted of the most serious charge, Holland faces a term of imprisonment of up to twenty-five years in state prison.
The defendant pleaded not guilty before Judge Michael Eidens in Schenectady County Court. He was remanded to Schenectady County jail. Holland's next court appearance is November 18.
Holland maintained a practice at 817 Union Street in Schenectady where he treated both human and animal patients using a diagnostic and treatment technique which he referred to as "applied kinesiology," or muscle testing. Kinesiology is the study of principles of mechanics and anatomy in relation to human movement.
When Holland allegedly tested patients, he would apply pressure to the patient's extended arm in an attempt to force it down, while at the same time touching various parts of the patient's body, saying aloud the name of a disease or infirmity, or directing the patient to form a hand symbol signifying a particular ailment. Holland diagnosed illnesses by observing when he was able to push the patient's arm down.
Using "applied kinesiology", Holland "diagnosed" patients as having strep in the heart, miasms, heavy metal toxicities, gallstones, kidney stones, bladder stones, bacterial and viral infections, and emotional problems.
Holland is charged with assaulting one of his patients by giving her repeated injections over a period of roughly a year and a half, ending in July of 2001. It is alleged that Holland injected the patient with numerous substances, including urine. In performing these injections, Holland used the same needle without cleaning the needle or syringe, either before or after use. He also failed to prepare the injection sites with an antiseptic. After the sites became infected, Holland attempted to treat the infections by performing lancings.
The charges in the indictment are merely allegations. The defendant is presumed innocent until proven guilty.
The case is being prosecuted by Assistant Attorney General Viola I. Abbitt, Deputy Bureau Chief of the Criminal Prosecutions Bureau. Attorney General Investigators handling the case are Harry Mulhall and Leslie Ingino. Investigators from the State Education Department's Office of Professional Discipline who participated in the investigation were Richard R. Trumbull, Michael A. Kinley and Rosemarie Marzello.