A Madelia ophthalmologist is asking a judge to dismiss two of the four criminal sexual conduct charges filed against him, saying prosecutors have provided no evidence to imply he sexually touched one of two alleged victims.

The motion to dismiss the felony charge of fourth-degree criminal sexual conduct and gross misdemeanor charge of fifth-degree criminal sexual conduct will be during Todd James Gavin’s next court appearance, which is scheduled for Jan. 31.

Gavin, 50, was working for the Mankato Clinic when incidents involving four patients resulted in an investigation by the Minnesota Attorney General’s Office. Gavin left the clinic before the investigation resulted in a reprimand from the Minnesota Board of Medical Practice.

Two of the women involved in that investigation are the victims cited in a criminal complaint that was filed against Gavin in July in Blue Earth County District Court.

One of the women told police investigators Gavin asked her to remove her clothing during an exam to see if a shingles outbreak had harmed her eyes. The second woman reported Gavin touched her breasts and her inner thigh after asking her to remove her clothing during an eye exam.