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Assailant Convicted

Almost two years after he was attacked by an angry patient,
Dr. Mark Diem has his day in court.

. 1 :ULIE EDGAR
News Editor

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T

he man who brutally
attacked Dr. Mark Diem
outside one of his medical
clinics will be sentenced to
up to 10 years in prison on March 17.
Although Marc Vincent Yaden, 41,
had been charged with assault with
\_
/-='ntent to commit murder, he was con-
victed last Friday of the lesser charge
of assault with intent to do great bodi-
ly harm, which carries a maximum
penalty of 10 years in prison. Yaden
had been free on $5,000 bond, which
was revoked upon his conviction.
According to testimony before
Macomb County Circuit Court Judge
Pat Donofrio, Yaden beat and kicked
/ • - Diem outside the First Care Medical
Center in Warren on June 27, 1996,
after the doctor refused to refill a pre-
scription for the painkiller Vicodin. A
month earlier, Yaden had visited the
clinic and threatened another doctor
because that doctor also refused to
write a new prescription for the drug.
Yaden suffered from chronic low back
\_ pain, according to testimony.
, - On the morning of the attack,
Yaden was waiting in the clinic for a
referral from another doctor when he
recognized Diem as the doctor he had
seen a week earlier. He followed him
out of the building and jumped him.
Diem, 52, testified that he woke up
in the hospital a week after the attack
with no memory of the incident. He
, was left with broken bones in his face,
• skull fractures, a blood clot and three
broken ribs. He has since retired from
the practice of medicine.
Diem is president of the Shaarey
Zedek Men's Club.
The four-day trial ended with the
conviction after the jury deliberated
approximately one hour.
Yaden was examined in December
-D1996 and found to be mentally com-
petent to stand trial. However, the
trial was adjourned five times, during
which defense attorney Timothy
Barkovic took over the case from
Yaden's former attorney, Walter
Meyers. Assistant Prosecutor Steven
Kaplan said the adjournments were

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Dr. Mark Diem

due to defense motions to delay.
Diem was not available for com-
ment, but in an earlier interview he
expressed some disgust at the slowness
of the judicial system. Yet, he also
doubted the case would ever come to
trial because the only eyewitness to the
attack had disappeared.
That was a challenge, Kaplan
admitted. Without the eyewitness, he
had to rely on Yaden's earlier threat
against another First Care Medical
Center doctor, his appointment that
morning with another doctor, and
another witness' recollection of seeing
Yaden jump into his truck in the clinic

parking lot and speed away.
Yaden, the sole witness in his own
defense, testified that he did not beat
Diem but had shoved him from
behind.

PRESENTS

GARFIELD & MARKS

❑

Clarification

The president of the New Atlanta
Jewish Community High School is
Michael Rosenzweig, not Richard
Rosenzweig, as noted in a story
that appeared Jan. 30.

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2/13
1998

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