Den­tist still has li­cense de­spite con­vic­tions

Gil­berto Nunez was ac­quit­ted of mur­der in June but found guilty of two other felony charges.

Daily Freeman (Kingston, NY) - - FRONT PAGE - By Pa­tri­cia Doxsey pdoxsey@free­manon­line.com pat­ti­at­free­man on Twit­ter

Gil­berto Nunez, the Kingston den­tist ac­quit­ted of killing his for­mer lover’s hus­band, re­mains li­censed to prac­tice de­spite be­ing con­victed in June of two felonies counts of pos­ses­sion of a forged in­stru­ment.

Ac­cord­ing to the state Depart­ment of Ed­u­ca­tion, which is re­spon­si­ble for li­cens­ing all pro­fes- sion­als in New York, con­vic­tion of a crime is con­sid­ered to be pro­fes­sional mis­con­duct for which dis­ci­plinary ac­tion can be taken.

Jonathan Bur­man, a depart­ment spokesman, said the depart­ment is aware of Nunez’s con­vic­tions but that no dis­ci­plinary ac­tion has been taken.

Bur­man de­clined to com­ment about any ac­tions that may or may not be pend­ing, cit­ing con­fi­den­tially re­quire­ments.

“By law, an in­di­vid­ual ac­cused of pro­fes­sional mis­con­duct is af­forded due process rights be­fore the state may take dis­ci­plinary ac­tion against him or her,” he wrote in an email.

Bur­man said that “all crim­i­nal con­vic­tions are deemed ‘pro­fes­sional mis­con­duct’ and are pros­e­cuted” by the depart­ment’s Of­fice of Pro­fes­sional Dis­ci­pline.”

But there is no time frame in which the depart­ment must take ac­tion, he said.

Nunez was found not guilty of mur­der on June 14 in the Novem­ber 2011 death of Thomas Kol­man, 44, whose wife Linda was hav­ing an af­fair with Nunez. Kol­man was found dead in his ve­hi­cle at a plaza in the town of Ul­ster, and pros­e­cu­tors al­leged Nunez poi­soned him with a den­tal seda­tive so that he could have Mrs. Kol­man to him­self. The de­fense said Nunez and Kol­man were best friends and that the den­tist had noth­ing to do with the man’s death.

While ac­quit­ted of the mur­der, Nunez was con­victed of two counts of pos­ses­sion of a forged in­stru­ment for hav­ing a fake CIA iden­ti­fi­ca­tion badge on his com­puter and for giv­ing Linda Kol­man a let­ter pur­port­ing to be from the CIA.

Nunez is sched­uled to stand trial next month on felony counts of fal­si­fy­ing busi­ness records, grand lar­ceny and in­sur­ance fraud in con­nec­tion with an al­legedly fraud­u­lent $8,400 in­sur­ance claim he filed in con­nec­tion with a fire in a build­ing he owned at 381 Wash­ing­ton Ave. in Kingston, next to his den­tal of­fice.

He also is to stand trial in Novem­ber for per­jury, of­fer­ing a false in­stru­ment for fil­ing and mak­ing an ap­par­ently sworn false state­ment in con­nec­tion to al­legedly fil­ing false in­for­ma­tion while ap­ply­ing for a pis­tol per­mit.

Nunez

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