The sexual battery case against Dr. Min Sang Kim was dismissed Friday morning during a public hearing in Lowndes County Justice Court.
“The court has heard enough to believe that no rape occurred,” said Judge Peggy Phillips, who presided over the hearing. “There may have been domestic violence, but not rape.”
With that, Judge Phillips dismissed the case and cleared the courtroom. However, defense attorneys said they expected the case will be presented to a grand jury.
Min Kim, 41, an internal medicine specialist at Baptist Memorial Hospital-Golden Triangle, was arrested on June 8 by the Lowndes County Sheriff”s Office at his workplace at 515 Willowbrook Road. Kim, who has practiced in Columbus for six years, was released the same day as his arrest on a $25,000 bond.
Min Kim was recently divorced from Un Suk Kim of 35 Fountain Dale Drive in Columbus, and on Friday, his ex-wife told the court the doctor had sexually assaulted her on “numerous occasions.”
The court heard testimony from law enforcement. Detective James Faris, the investigating officer, was not present because he was on vacation. The court also saw photographs of marks on Un Suk Kim”s throat and back. Min Kim”s defense contended that they were self-inflicted. Un Suk Kim was given a chance to tell her side of the story, and she did so in great detail, explaining how many times and what methods Min Kim used to allegedly raped her.
During the proceedings, it was acknowledged that there was undoubtedly sexual contact between the Kims. Min Kim had admitted as much to law enforcement officials in the lead-up to the hearing. The question became one of definition: Was the contact consensual at the time it occurred?
Ultimately, after more than an hour of statements, Judge Phillips silenced Un Suk Kim in the middle of her testimony and declared that the case was unmerited.
County prosecutor Tim Hudson and his assistant, Corky Smith, were confused by the outcome.
“The judge is the only one who can tell you why she cut it off,” said Hudson, who also acknowledged that Un Suk Kim has a recorded conversation of Min Kim apologizing. “What she has is a statement that he”s sorry, but that”s not necessarily a confession. It”s open to interpretation what he was sorry about.”
Min Kim”s legal team, however, was jubilant.
“We”re very happy with this result,” said David Owen, Min Kim”s personal attorney. “This guy has been through a lot, and it was obviously an absolute farce.”
Owen offered to present more evidence to the prosecution.
“They”re welcome to anything I”ve got,” he said. “You want to get all the facts before you pull the trigger on something like this.”
Owen said the nature of the Justice Court”s ruling should indicate the weakness of the case against Min Kim, because the primary goal of a preliminary hearing is to determine if a lawsuit is worth a grand jury”s scrutiny.
“It”s a very low bar in a preliminary hearing,” Owen said. “There was not even a reasonable suspicion that there was a sexual assault. I think that says a lot.”
Despite the dismissal, the case doesn”t necessarily end here. If Faris, the investigating officer, deems it necessary, the case could still go before a grand jury.
“I suspect that it will be presented, because I think that investigators and the district attorney”s office want to make sure everybody has a chance to be heard,” said Carrie Jourdan, Min Kim”s lead counsel. She added that if the case continues, “we will make sure that our evidence is presented to the grand jury.”
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