Rosenschein molested the boy in 2002- at the same time he was maintaining a practice in Joplin- according to the lawsuit.
Rosenschein is being held in a federal prison while awaiting trial on child pornography charges. The evidence in the criminal case indicated investigators found a secret room at Roscnschein's New Mexico home where he kept nude photos, including some of his patients.
The plaintiff in the lawsuit, referred to only as John Doe 2 in the petition, wants to know if his photos are among those found in Rosenschein's collection.
The allegations against Rosenschein are spelled out in the petition. In 2002, when John Doe 2 was 11, doctors found an enlarged veins in his scrotum.
Rosenscehin performed surgery on the child at Northwest Regional Medical Center in Springdale.
Shortly after the surgery it was discovered that Rosenschein lived in close proximity to John Doe 2 and his family. In follow-up visits, Rosenschein chatted with John Doe 2's mother, who was single at the time and offered to "take John Doe 2 under his wing."
Rosenschein took John Doe 2 to the shooting range numerous times, would attend family gathering sat John Doe 2's house and even took John Doe 2 for flights on his personal plane.
Once he built his trust with John Doe 2, Roscnschein began to sexually assault the minor.
The lawsuit claims Rosenschein began kissing the boy and that eventually led to him perfomring a sexual act on the boy and trying unsuccessfully to convince John Doe 2 to perform the same act on him.
The molestation took place each time Rosenschein got together with the boy, according to the lawsuit.
After Rosenschein's arrest for child pornography was publicized, John Doe 2's worries increased.
Listed as defendants in the eight-count lawsuit are Rosenschein and 10 John Does who worked at the Arkansas hospital.
Plaintiff is emotionally disturbed and scarred for life by Rosenschein's continued sexual assaults. Plaintiff is also significantly concerned about the possibility that photos of his naked body exist- taken by Rosenschein.
Among the claims are emotional distress, assault and invasion of privacy.
John Doe 2 is asking for actual damages and punitive damages.
The lawsuit is one of more than a dozen that have been filed against Rosenschein since his child pornography arrest.
Rosenschein's alleged crimes were revealed in Arkansas when the New Mexico FBI office asked for information from any Arkansas residents whose children had been patients of his between 2001 and 2012.
The U. S. Attorney detailed the allegations against Rosenschein his a response to the doctor's attorneys's motion that he be allowed to be free on bond.
On July 21, 2016, and again on August 8, 2016, the National Center for Missing and Exploited Children (NCMEC) received a cybertip from “chatstep.com” indicating that a user identifying himself as “Carlo” had sent images of child pornography to another user. The IP address associated with the user “Carlo” originated from the Albuquerque area.
NCMEC forwarded this information to the New Mexico Attorney General’s Office Internet Crimes Against Children (ICAC) Task Force, and Bernalillo County Sherriff’s Office (BCSO) Detective Kyle Hartsock initiated a criminal investigation.
Detective Hartsock first reviewed the distributed files and confirmed that the images contained child pornography. Detective Hartsock observed that the image distributed on July 31, 2016, is a color image depicting a prepubescent boy laying on his stomach on a bed with a distinct patterned bedspread and pink/purple blanket. (The next two paragraphs describe photos of an adult and the boy engaged in anal sex.)
Detective Hartsock obtained a subpoena for the internet service provider associated with the IP address and learned that the account was registered to Defendant, a pediatric surgeon employed by Presbyterian Hospital.
On November 7, 2016, Detective Hartsock obtained a state search warrant for Defendant’s residence, which was executed the following day. During the execution of the search warrant, law enforcement located a 16-year-old boy (John Doe) inside Defendant’s bed wearing only underwear.
Defendant falsely identified John Doe as his nephew, but law enforcement later determined that John Doe was a former patient of Defendant’s.
The search of Defendant’s residence revealed numerous electronic devices that were seized for further analysis. The forensic analysis on most of the seized devices remains pending. Several of the devices are encrypted and will require further analysis in order to gain access. During the search law enforcement located a thumb drive attached to a keychain found in the ignition of Defendant’s vehicle, which was found to contain over one thousand images and videos of child pornography. This thumb drive is the subject of Count 3 of the indictment.
Defendant was first interviewed by Detective Kyle Hartsock during the execution of the search warrant and was later interviewed by FBI SA Marcus McCaskill. During his first interview, Defendant stated that John Doe was a former patient who stays with him from time to time. Defendant stated he owns two planes and a helicopter and has flown John Doe to several locations throughout the United States.
During his interview with SA McCaskill, Defendant admitted that he is sexually attracted to underage males “on occasion,” but has not had sexual contact with a minor since approximately 1994 in Paris.
When asked about chatstep.com, Defendant admitted that he has likely used the name “Carlo” in the past. Although he stated that he usually uses the name “Steve.” Defendant accepted responsibility for the thumb drive and stated that he obtained it in Europe several years ago. He stated that he had not looked at the thumb drive in approximately seven years, however the forensic data indicates that the files were accessed as recently as May 2016.
The complete forensic analysis of the seized thumb drive indicates that the device contained approximately 1,042 images and 78 videos of suspected child pornography. The initial file comparison from NCMEC indicates that Defendant possessed 41 files of previously identified children. Is it clear from the files contained on the thumb drive that the focus of the collection is prepubescent and pubescent minor males.
Following the execution of the first search warrant, federal law enforcement officers learned that Defendant’s home contained a “secret room” located inside the residence. This room was not discovered during the execution of the first search warrant.
Pursuant to a federal search warrant, agents re-entered Defendant’s residence and gained access to the room where they located two safes. Inside one of the safes, agents located five printed photographs depicting a dark-complected, possibly foreign-born, minor male child who was approximately 11 to 15 years of age based on body and pubic development.
Four of the photographs depicted the child nude in the shower. The time stamp on the back of the photo noted “Avril 94” (April 1994). Agents also located flight logs detailing an entry for travel to the Koh Kong province of Cambodia in March 1994.
An Apple iPhone3G was seized from Defendant’s office inside his residence. Defendant provided BCSO officials with the password to access this phone. The forensic analysis of the phone revealed a Yahoo Messenger account with the user name “cambodia1994.”
Hundreds of Yahoo chat messages were recovered from the phone, most of which focused on sexually explicit conversation. “Cambodia1994” primarily identified himself as “Steve” and claimed to be a teenage male living in the United States. “Steve” engaged in sexually explicit conversations with multiple users, often presenting himself as a minor working in a “club” and being forced to have sexual contact with adult males. “Steve” describes violent sexual experiences and how he is increasingly enjoying the contact.
(The next portions of the motion featured verbatim transcripts of the conversations.)
Law enforcement also seized an iPhone6 from Defendant’s residence. The forensic analysis of this phone revealed approximately one dozen photographs that appear to have been taken in a hospital or medical setting.
Investigators learned that it is against Presbyterian Hospital policy for physicians to take medical photographs on their personal phones. Several of the photographs depict close up views of genitalia.