SANTA CRUZ — The Santa Cruz neurosurgeon accused of sexually assaulting several children can be released from jail if he posts $6,450,000 bail, Santa Cruz County Superior Court Judge John Salazar ruled Wednesday.
If James Kohut posts bail, he will be under house arrest, will be monitored by a GPS device and must surrender his passport. In addition, he will not be allowed to use the internet or have any contact with minors, his victims or any witnesses in the case.
Also in court Wednesday, Rashel Brandon, the nurse who allegedly molested children with Kohut lost her license while the case plays out.
Before the hearing about 30 people gathered on the courthouse steps, hoping their protest would convince the judge to hold Kohut without bail.
“I’m concerned about keeping kids safe,” said Cynthia Adams of Santa Cruz. “The idea that Dr. Kohut might be released on bail, I think he’s at risk of harming kids and adults again, and he’s at risk of fleeing.”
Jo-Ann Nielsen of Aptos acknowledged that most suspects deserve bail, but that Kohut’s case does not warrant it.
“The evidence is so compelling,” she said. “Our children are at risk of this vulture.”
Dottie Jakobsen of Friends of Survivor’s Healing Center agreed.
“He can’t be out under any circumstances,” she said.
Kohut is facing 11 felony counts that include rape and sodomy of children, some of which carry a possible life sentence and others that carry a possible 10-year sentence.
Santa Cruz County Assistant District Attorney Steve Moore said Kohut has a 20-year history of similar crimes, and said he has sought “taboo families” with several women.
In one case, Moore said, Kohut paid to fly a woman and her daughter from Louisiana, and molested the girl in a resort hotel in Santa Cruz.
In arguing against bail, Moore also said that Kohut has written several suicide notes while in jail and has gone on a hunger strike.
He is accused of committing some of the crimes with nurses Brandon and Emily Stephens.
Brandon has been charged with 11 felony counts that include lewd acts on a child, oral copulation with a child and production of child pornography.
She is in custody at Santa Cruz County Jail in lieu of $500,000 bail. That amount did not change Wednesday.
Stephens, 29, was arrested in Yuma County, Ariz. on suspicion of sexually assaulting six young children in Santa Cruz County, court records show.
Stephens is currently fighting extradition and has a July 13 hearing.
The case was launched when Brandon’s ex-husband brought a video that reportedly shows the women sexually assaulting children.
Inside court, Moore tried to convince Salazar that Kohut’s wealth – which includes several rental properties throughout Santa Cruz County – would make it easy for him not only to post bail but to flee from prosecution.
Moore asked the judge to require $40 million bail, an almost unheard of number and which Kohut’s attorney Jay Rorty called “unconstitutional.”
Rorty then asked for the amount to be set at $1 million.
Moore also said that Kohut can easily sell one of his properties to raise bail, but Rorty pointed out that Kohut is currently going through a divorce and as such cannot sell any of them.
Rorty also disputed Moore’s claims that Kohut has a significant income from his rental properties, and said the negative publicity from his criminal case has diminished what income he has.
“Dr. Kohut has zero income ability,” Rorty said.
Outside court, Moore said he respected the court’s decision, but that it was not enough to protect the public.
“We thought there were significant risk factors,” he said. “The amount of money he has makes him a flight risk.”
Also in court, Salazar agreed to join Brandon and Kohl’s cases, meaning that they will be in court together for future hearings.
They return to court on July 27 to set a date for their preliminary hearing.
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James Kohut
Bail: $6,450,000
Conditions: Under house arrest, he can only leave his home for doctor visits and court dates. He will be monitored via a GPS unit worn on his ankle. He cannot contact his victims, codefendants or potential witnesses. He must surrender his passport. He cannot practice medicine. He also cannot be in possession of child pornography.
