October 13, 2005
The trial of Dr. Iain Gainov took a surprise turn Thursday in favor of the defense.
Albemarle County Circuit Court Judge Paul Peatross dropped the most serious charge against Dr. Gainov. He struck the charge of first degree attempted murder.
He also dropped one additional charge of malicious wounding.
Peatross agreed with the defense saying the prosecution failed to prove intent.
Dr. Gainov is still facing multiple other charges including felony child abuse and other malicious wounding charges all stemming from incidents where his daughter Megan was injured in his care.
Thursday, Megan's mother Colleen Gainov took the stand for the prosecution.
In her most interesting testimony, she said her husband had flushed baby Megan's nose out with a significant amount of water the day Megan was rushed to the hospital with seizures.
The Commonwealth is trying to prove the baby suffered from water intoxication.
Closing arguments are expected tomorrow morning.