A judge rejected jail on Jan. 19 for a 75-year-old El Cajon psychiatrist who had pleaded guilty to felony sexual contact with seven female patients, and instead imposed one year of house arrest.
Because of health and age issues, Dr. Leon Fajerman was ordered to pay $300 per month in restitution to victims plus a fine of approximately $1,500.
“You must register as a sex offender for life,” said Chula Vista Superior Court Judge Francis Devaney.
Fajerman was permitted to make four weekly walks for exercise outside his Fletcher Hills home and is barred from drinking alcohol on terms of three years’ probation, even in his home.
Devaney said he imposed house arrest because his attorney presented medical documents detailing his heart condition, early onset of Alzheimer’s disease and osteoarthritis.
“It’s very difficult to me to place a man with those conditions in actual jail,” said Devaney. “I have concerns about jail, given his age.”
“You’ll be outfitted with a tracking device,” said Devaney to Fajerman.
Fajerman treated his patients at offices in El Cajon, Chula Vista, San Diego and San Ysidro for the last 39 years. The misconduct allegations first surfaced in 2016, and he withdrew his license to practice medicine in 2017 when the state medical board began proceedings to revoke his license.
Fajerman said nothing in court other than agreeing to accept terms of probation. He was barred from ever acting as a therapist again and ordered to continue his own therapy with a counselor.
“I think it’s too lenient a sentence,” said attorney Jessica Pride, who represents three former patients, afterwards. “We think he should have gone to prison.”
Prison was ruled out in a plea bargain Oct. 22 when Fajerman pleaded guilty to felony sexual contact with seven patients and misdemeanor sexual battery. Eight counts of sexual battery were dismissed.
“I didn’t agree with the plea bargain,” said Pride. “He needs to be held responsible.”
“He should be in jail,” said attorney Jillian Hayes, who represents another patient.
Hayes said her client has lost the trust of medical providers and deals with severe anxiety. She moved away from the area because she was in fear of running into him, Hayes told the judge.
Devaney told the attorneys that is was a difficult decision.
“I do agree with the victims that this activity deserves” jail time, but he added, “I think house arrest is a better alternative.”
Devaney did allow Fajerman to leave his home to see his cardiologist and other medical appointments.
Cary Nichols told reporters he lives on Fajerman’s street and said female neighbors “say he’s really creepy.” They are aware when he takes walks and everyone stays clear of him, said Nichols.
“Nobody wants to be near him,” said Nichols. “He was not a good neighbor.”
Fajerman’s attorney, Brad Patton, submitted his recommendations in documents and made no oral argument.
Criminal charges were not filed until May 2018, and Devaney gave Fajerman credit for four days spent in jail after his arrest and before he posted $200,000 bond.
Deputy District Attorney Carolyn Matzger read comments from five victims in letters they wrote to the judge. One wrote her life would be better off had she “never met Dr. Fajerman.”
“Life has been a living hell,” wrote another patient.
Several former patients wrote they had been molested earlier in their lives and Fajerman was aware of that history.
“He exploited a position of trust,” said Matzger, who asked for a year in jail.
Devaney will review his sentence at an April 8 hearing.
