University of Virginia Library

Conspiracies

"I figured that if every
dentist in the country acted
according to that statistic, we
could end the war pretty fast,"
Bender said.

A prime contention by the
government prosecutors at the
trial was that Dr. Bender had
engaged in a series of separate
conspiracies with patients
(including his son) to thwart
the draft by installing braces.
As proof and as ground for
another charge (that Dr.
Bender and his patients
knowingly falsified medical
records)-the government
sought to show that the
patients removed their braces
immediately after their
pre-induction physicals.

And Dr. Bender concedes
that some did-"But what
could I do about that? He

asked, "I never said I was
responsible for my patients'
actions. Is an optometrist
responsible if the people he
treats forget to wear their
glasses?"

The government's witnesses
were lab technicians and
secretaries from Dr. Bender's
office who, the doctor said,
"were frightened into
testifying." (Most of them still
work for him, he added). Also
called to testify were eight of
the patients treated by Dr.
Bender-all of whom, he
charged, were told to join the
army or face prosecution.
Those testifying avoided the
sort of harassment which fell
on several other patients who
refused. For a few minutes on
the stand, those who agreed to
aid the prosecution avoided a
few years in the army.