``(The woman) was very uncomfortable and it was written all over her face,'' Heming said. She said the woman was ``too shocked and too afraid to say anything to him.''

   Heming said Walters admitted under questioning that he touched the woman  inappropriately and had done the same type of thing to two others in the same  medical assistant program.

   ``(The woman) will tell you she was too scared to say no and the defendant knew that and took advantage of her ... it was not consensual. It was not free,'' Heming said.

   Walters' attorney, Rod Soda, told jurors in his opening statement that the issue was whether Walters thought he had the woman's consent to touch her.  He said his client did touch the woman, but kept asking if it was OK.

   ``Her response was yes ... her own admission was she never said no, never stopped him by grabbing his hand,'' Soda said.

   In the second alleged groping instance, Walters again asked ``Is this  OK?''' Soda said. ``By her own admission she will tell you she never articulates a no.''

   ``She felt trapped but he didn't know it,'' he said. `` ... if he would  have known there was any discomfort, he would have stopped,'' the defense attorney said. ``He thought he had her permission.''

   Walters has been practicing in Palm Springs since 1979, according to SleepWise's website.