In making his ruling in Hawkins County Criminal Court, Judge Alex Pearson stated he believed all three men provided “clear and convincing evidence” when they testified during a motion hearing last month.
However, in regard to the two older allegations made by persons the Times News is identifying as Accuser 1 and Accuser 2, Pearson stated that the probative value of their testimony didn’t outweigh the potential damage they might cause by prejudicing the trial jury.
As for the testimony that will be allowed, Pearson said allegations made by Accuser 3 are more recent, from 2008, and recount circumstances similar to the 2017 allegations made by two boys ages 12 and 14 which resulted in Calendine’s being charged last year with two counts of sexual battery.
Current and new charges
In August of 2017, Calendine was indicted by a Hawkins County grand jury on one count of aggravated sexual battery and one count of sexual battery by an authority figure for allegedly touching two boys ages 12 and 14 during a sleepover at his Rogersville home. If convicted, he faces a maximum sentence of eight years on one count and up to six years on the other.
Calendine, 46, adamantly denies all allegations and has maintained “business as usual” at his Rogersville medical practice since being indicted. He is scheduled to stand trial on those charges Sept. 24 in Hawkins County Criminal Court.
On Friday, Calendine appeared with his attorney, Wade Davies, to hear Pearson’s ruling on the state’s motions to allow the testimony of the three previous accusers as well as to be arraigned on 39 new counts of felony identity theft related to allegations of prescription fraud.
Testimony that will be allowed
Accuser 3 stated that he had a relationship with Calendine for about 10 years, and he and his brother lived with Calendine for a time.
According to Accuser 3, on a night in 2008, he and his brother were staying at the doctor’s residence. Accuser 3 was on the couch and Calendine on a beanbag beside it. Accuser 3 claims Calendine pulled down the blanket in the area of his groin in an attempt to touch him sexually, which scared him, so he ran to sleep with his brother in a bedroom.
Accuser 3 is serving jail time in Virginia for misdemeanor convictions, which Davies and co-counsel Heather Good would likely use to damage his credibility.
Pearson said a jury could determine for itself whether the testimony of Accuser 3 constitutes a common scheme or plan and is relevant to Calendine’s intent with the new alleged victims.
Testimony ruled inadmissible
Accuser 1 stated that he was around 11 when Calendine was a youth intern/worker at a church summer camp in Oak Ridge when they became acquainted in the 1990s.
Over time, Calendine developed a relationship with Accuser 1 and his mother and became a trusted male role model.
Accuser 1 would testify during the trial that he, Calendine, and two other adult males were spending the night at an Oak Ridge residence where he and Calendine shared a room. Accuser 1 said that he was awakened by Calendine attempting to touch his private parts and was later awakened again by Calendine masturbating his private parts.
Accuser 1 also has previous convictions for perjury and statutory rape, which Davies and Good would likely have used to damage his credibility.
Accuser 2 said he was 13 in the early 2000s when Calendine, who was a physician, forged a relationship with him and his mother and became a father figure.
He claims that on his 14th birthday, Calendine took him to eat at Hooters in Johnson City and then took him to his office at the Rural Health Consortium in Rogersville.
Accuser 2 would testify that while at the office Calendine provided him with pornographic material and performed a sex act on him.