UMC technician seeks to withdraw plea, go to trial

By Matt Pordum

Thursday, June 30, 2005 | 8:59 a.m.

A 45-year-old former radiological services technician at University Medical Center who had pleaded guilty to fondling and stealing from patients avoided sentencing on Wednesday by announcing that he wants to withdraw his plea and go to trial.

Eduardo Licon was remanded into custody and had a hearing scheduled for July 13 at which time District Court Judge Lee Gates will hear arguments and decide whether Licon can withdraw his guilty plea.

On April 29 Licon entered an Alford plea to two counts of possession of stolen property -- rings that had been stolen off the fingers of patients -- and one count of attempted sexual assault.

Under an Alford plea a defendant technically does not admit guilt but agrees that prosecutors could prove their case at trial.

Licon was originally charged with one count of robbery of a victim over 65, possession of stolen property, two counts of sexual assault, one count of open and gross lewdness, and several counts of theft.

The two counts of sexual assault stemmed from a patient at UMC who said she was fondled by Licon while she was in the hospital in June 2003 for treatment of stomach ailment.

The Parole and Probation Department recommended Licon serve 12 to 32 months in prison for each count of possession of stolen property and two to eight years in prison for attempted sexual assault. The department also recommended the counts be run concurrent.

In the report Licon was deemed to be a "predator and a high risk to re-offend."

Based on this information Gates placed Licon back into custody. He had been out of custody on $57,000 bail.

Licon's attorney, Greg Denue, unsuccessfully attempted to withdraw as Licon's counsel saying, "He (Licon) did not fully understand the guilty plea agreement, which is attacking me."

Gates said Denue would have to file a formal motion to withdraw as counsel. The motion for Denue to withdraw and Licon's motion to withdraw his plea will be heard on July 13.

Prior to being placed into custody Wednesday Licon told Denue, "I'm ready to go to trial today."

Licon had been employed by UMC for two years. He worked as a radiological services technician. Those duties include moving and positioning patients for X-rays.