A Carbon County psychologist went on trial Monday in the county court on charges he forced a patient to perform a sexual act.

Dr. Michael T. Degilio faces charges of involuntary deviate sexual intercourse, indecent assault and indecent exposure.On Monday the jury heard the testimony of the alleged victim, a 44-year-old mother of five. She was 40 at the time of the alleged incident, Feb. 24, 2009, at Degilio's office along Route 443 in Mahoning Township.The woman told the jury panel of seven men and five women that she had a nervous breakdown on Feb. 14, 2009, after an argument with her husband. She went to the emergency room of the Lehighton campus of Blue Mountain Health System, and admitted herself to the behavioral health unit for four days.When she was discharged she was on medication prescribed by the hospital's psychiatrist.She met with Degilio on Feb. 20 at his office. She said no other patients or staff were present.Questions about sexThe woman said she told him she was depressed and feeling suicidal and wanted to feel better.She said Degilio asked a lot of questions of a sexual nature, about her family and children, and asked if she ever had sex outside her marriage.She testified that he said, "If anything happens between him and me I should keep it quiet," and said Degilio said he had a girlfriend but cheated on her all the time and that he loved women and sex.The victim added that Degilio told her she was pretty.Two other appointments were scheduled, for Feb. 24 and 27.At the Feb. 24 appointment no one was present again but Degilio. They went into his office and sat on a couch. She said he again told her not to say anything if something happened between them.She said Degilio then kissed her on the lips, touched her inappropriately and then made her perform a sexual act.When Assistant District Attorney Cynthia Dyrda Hatton asked why she didn't resist, she replied, "I thought he was going to help me."After leaving the office she contacted her best friend and told her what happened. She then returned to the emergency room on Feb. 25. She was crying and depressed and readmitted herself to the BHU.She stayed in the unit for four more days, then went to Mahoning Township police to report the incident. She gave a statement to a female officer at the request of arresting officer Jeffrey D. Frace.She also admitted filing a civil action naming Degilio, the hospital and staff members of the BHU, as defendants. That case was later dropped by her attorney.Under cross-examination by defense attorney John Waldron, she admitted she had been treated for mental health issues for about eight years before the alleged incident, and said she had been treated by a psychiatrist for several years.Waldron asked if she resisted, screamed or did anything to stop Degilio. She said no, but kept repeating she thought he was going to help her.She admitted that the psychiatrist at the hospital and the social worker assigned to her at the hospital did not believe her story.Waldron asked the victim if she told the hospital staff, "I'm not 100 percent sure this happened, but it seemed so real." She said she did say that.The victim spent about three and a half hours on the stand.Police testimonyTestimony was heard from Kenneth Barnes, who was police chief when the victim first reported the incident. He has since retired.Barnes said after receiving the complaint, he assigned the case to Frace. He said during the course of the investigation police obtained two search warrants. One was for Degilio's office where files concerning the victim and a computer were seized. The second warrant was for photos to be taken of Degilio concerning a claim made by the victim that she observed a birthmark or something similar on the doctor.Barnes said Degilio came to the police station for the photos to be taken. While at the station Barnes said he spoke to the defendant, noting that he told him he was not under arrest and didn't have to speak to him or make any statement. Degilio did make a written statement, one page long.Barnes said during the conversation Degilio denied the allegations. Barnes said Degilio asked him if the sex was consensual, would he still be in trouble. Barnes testified he told the defendant that if the act was consensual and it occurred between two consenting adults, police would not be involved, but added that he told Degilio he probably would have problems with the state department of health suspending his license for unethical conduct.Under cross-examination by Waldron, Barnes said that the clothing of the woman was secured and tested. Barnes said he mentioned the DNA testing to Degilio, and the doctor said it didn't matter because, "I didn't do anything."Barnes said the testing of the clothing and the computer search by an expert of the state police did not reveal any evidence in the case.Barnes said Degilio did not admit to anything.Frace said he was concerned about the first interview with the victim because she appeared to be under the effects of the medication she was taking. He said he set up a second interview with the victim and officer Amy Barclay. He said he did that because he felt the victim might feel more at ease speaking to a female officer.Frace also said that after Degilio left the police station for the photos, he called several hours later stating he had an alibi witness. Frace said Degilio said he was with a patient on Feb. 2, which was not the date in question. Frace said he received another call concerning the Feb. 20 and 24 dates and alibi witnesses from Degilio. In his opening statement to the jury, Waldron indicated that his client might present an alibi defense.Frace said he was aware that the psychiatrist and social worker at the hospital did not believe the victim's story but he did not interview either of them because he didn't think it would help the investigation.The trial is expected to conclude by Thursday.