The U.S. Attorney’s Office plans to retry two Maryland doctors who are accused of obtaining and disclosing private medical records to an undercover FBI special agent they believed was a representative of the Russian government.

In a one-page court document filed on Thursday, Assistant U.S. Attorneys Aaron Zelinsky and P. Michael Cunningham informed U.S. District Judge Stephanie A. Gallagher that the government is “prepared to proceed to retrial” against Anna Gabrielian, a former anesthesiologist at Johns Hopkins Hospital, and her spouse, U.S. Army Maj. Jamie Lee Henry, a physician who had been stationed at Fort Bragg in North Carolina, as soon as the court’s schedule permits.

Gallagher declared a mistrial in the case after the jury could not reach a unanimous verdict.

Anna Gabrielian, a former anesthesiologist at Johns Hopkins Hospital, and her spouse, U.S. Army Maj. Jamie Lee Henry, walk into the Edward A. Garmatz U.S. Courthouse in Baltimore on Tuesday, May 23, 2023.
Anna Gabrielian, a former anesthesiologist at Johns Hopkins Hospital, and her spouse, U.S. Army Maj. Jamie Lee Henry, a physician who had been stationed at Fort Bragg in North Carolina, walk out of the Edward A. Garmatz U.S. Courthouse in Baltimore on May 23, 2023. (WJZ)

Gabrielian, 37, and Henry, 40, both of Rockville, are charged with conspiracy and wrongful disclosure of individually identifiable health information under the Health Insurance Portability and Accountability Act, or HIPAA. Federal prosecutors allege that the couple abused their authority and leaked private medical records to help Russia.

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The investigation started after Gabrielian sent an email offering assistance to the Russian Embassy on March 1, 2022.

The FBI special agent testified while wearing a “light disguise” and using the pseudonym of Lena Simon. The press and public were not permitted in the courtroom in the Edward A. Garmatz U.S. Courthouse during her testimony.

The government presented almost five hours of surreptitiously recorded videos.

Christopher Mead, Gabrielian’s attorney, and David Walsh-Little, Henry’s attorney, argued that their clients were humanitarians who wanted to save lives and did not act with the intent to commit the crimes. They also contended that the government entrapped their clients.

Gabrielian testified for hours in her own defense and admitted that she breached the confidentiality of her patients. But she said she thought she was dealing with a Russian intelligence agent and provided the medical records out of fear.

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Both Gabrielian and Henry remain free but on 24-hour lockdown at their home except for approved activities.

dylan.segelbaum@thebaltimorebanner.com