Plea negotiations are continuing for the Ann Arbor psychologist charged with four charges of criminal sexual conduct, but a trial date was set in court Monday.
David Falkner
Courtesy of WCSO
David Falkner, 61, is charged with four counts of fourth-degree criminal sexual conduct for having an “inappropriate relationship” with a patient. He was in court Monday when John Shea, his attorney, revealed he is in talks with prosecutors to work out a plea deal.
“We’ve engaged in various discussions related to this case,” Shea said. “But, we’re not able to come to a resolution (at this time).”
Washtenaw County Trial Court Judge Darlene O’Brien set a final pretrial date in the case for 1:30 p.m. Aug. 5. Falkner is now scheduled to face trial at 8 a.m. Aug. 19.
Falkner is free on a personal recognizance bond while the case moves forward. He is a retired Ann Arbor Public Schools employee, where he worked as either a social worker or a psychologist, according to school officials. He worked for the school district for 25 years, according to his website.
He is accused of having the inappropriate relationship with a patient while he was working for his private practice in downtown Ann Arbor. He’s been in private practice for 15 years.
Fourth-degree criminal sexual conduct is a high-court misdemeanor that is punishable by two years in prison and a fine of $500.
Any sexual relationship between a mental health professional during or two years after a patient is in treatment is a crime under Michigan state law. The consent of the patient is not a defense in these cases.
Kyle Feldscher covers cops and courts for AnnArbor.com. He can be reached at kylefeldscher@annarbor.com or you can follow him on Twitter.