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Jury finds doctor guilty of sexual assault

A Carbon County jury has found a Mahoning psychologist guilty of sexual assault against a patient. The jury deliberated for four and a half hours this afternoon.

Dr. Michael Degilio went on trial Monday on charges by Mahoning Township police with involuntary deviate sexual intercourse, indecent assault, and indecent exposure.The charges were filed when a then 40-year-old woman said Degilio, a psychologist, had her perform a sexual act during an office visit in February 2009.The woman said it was her second visit with Degilio after she had been released from the Blue Mountain Health System's Lehighton Campus Behavioral Health Unit. She said asked her a lot of sexual questions on her initial visit on Feb. 20, 2009, and on the second visit, Feb. 24, she said he made her perform the sex act.Doctor's testimonyDegilio told the jury he only met with the victim for 10 minutes on Feb. 20, that he ended the interview after she had indicated she had a gun at home and thought of using it on herself.He testified he told the woman if she wanted to continue treatment she had to get rid of the gun and come to her next appointment with her husband. He said she became belligerent when he mentioned that the husband would have to come with her. He said he gave her two appointment dates, Feb. 24 and 27, because she said she didn't know when her husband would be able to attend because of his work.Degilio said he ended the first session because the woman did not sign a required consent of treatment form.On the day of the Feb. 20 meeting another patient of his, Rebecka Kadingo, was present in the waiting room. Kadingo testified Tuesday.Degilio said when the victim arrived for her appointment he took her into his office area where he sat at his desk and she was seated in a chair in front of him. He denied the victim's statement that they sat on a couch.Degilio said the woman never appeared for her 11 a.m. appointment on Feb. 24, the date when the alleged incident occurred.He said he contacted girlfriend Bernadette Beckett at 11:01 a.m. and told her to meet him at a home along Lentz Trail, where they had sexual relations. He then returned to his office for a noon appointment.Under cross-examination by Assistant District Attorney Cynthia Ann Dyrda Hutton, Degilio said he didn't wait long for the victim at the Feb. 24 meeting because he had told her to call him about which of the two appointments dates she would be coming to. He said she didn't call.Degilio admitted that his report of the Feb. 20 meeting did not indicate that he told the woman to call and let him know if she was coming to either appointment date.He was questioned about search warrants served on July 7, 2009 for files of the victim and to get photographs of a mole he had in his abdomen area according to the victim.During an interview with then township police chief, Kenneth Barnes, he asked if he would be in trouble if sex was consentual.Degilio claimed Barnes first mentioned about the act being consentual. He denied he brought it up and said he didn't think it matter because he said the incident never occurred.Degilio also denied asking the victim questions of sexual nature during the Feb. 20 meeting. He also denied all the other allegations.During his two-and-a-half hour testimony, he repeated many times to various questions, "I don't remember" or "I don't remember it was five years ago."Other testimonyDefense attorney John Waldron called Dr. Gladys S. Fenichel, MD., of Ardmore, a licensed psychiatrist, as a witness.She reviewed files concerning the victim's medical treatment and determined she had abused opiates, which could have caused body pain, behavorial changes, and false perceptions.Fenichel agreed the woman suffered from extreme depression and anxiety and also post traumatic stress disorderly caused by the belief that the incident actually occurred. She said the woman has been dealing with mental health issues for about eight years.Fenichel admitted she never met the woman or talked with her and was basing her opinions solely on the medical records and all other paperwork provided to her by Waldron.Dr. Frank Penatar, the emergency room physician when the woman was admitted the second time, on Feb. 25, testified that the woman came to the ER complaining of pain. He added that she had signs of depression and anxiety. He said he felt she was not suicidal or confused, but he did know that she had abuse opiates.The jury was expected to start deliberations this afternoon.