CHATTANOOGA, TN (WRCB) -- The story is shocking when you first hear it--a possible rape involving a hospital employee and patient. However, Franklin Concepcion's version of events are far different from his accuser's.
The patient claims Erlanger triage technician Franklin Concepcion raped her in an x-ray room in November. The judge has sent the case to the grand jury, but even she admits it's a "very difficult" case.
Erlanger suspended Franklin Concepcion without pay in November. He was arrested last month on rape charges after DNA samples from the exam room came back a match to him. His attorney is building a case to disprove the allegations.
"He may never be working in a hospital again. Any sort of allegation like this is very inflammatory. It's one of those things that's hard to wash off," Concepcion's attorney Meredith Ziebold said.
The woman says she was waiting for treatment in the emergency room when Concepcion, a triage technician, led her up to an exam room. Instead of x-raying her, she insists he sexually assaulted her.
That's not the way Concepcion, a married father of one, recalls it. He says they were flirting in the waiting area, exchanged numbers, and went to the exam room, where he admits they had sex, but claims it was consensual.
Concepcion's attorney thinks some of their strongest evidence in trying to prove it was consensual is his cell phone records from that November night.
"The alleged victim called Mr. Concepcion's phone four times in the night of their encounter," Ziebold said.
Ziebold says Concepcion didn't answer any of those calls and phone records show the accuser called 911 shortly after he ignored that last call.
"As our investigation continues, we expect to uncover more factual information that calls into question the credibility of this alleged victim," Ziebold said.
Zeibold says they also showed the judge Erlanger surveillance video of the two before and after the incident to show their demeanor.
The judge says this complicated "he said, she said" case will have to go to a grand jury to decide if there's enough evidence to indict.
The judge reduced Concepcion's bond from $150,000 to $10,000 and his family was able to get him out.
It will likely take several weeks before the case reaches the grand jury for review.