Doctor guilty in sex case
A Carbon County jury panel of seven men and five women deliberated for about four and a half hours on Thursday before finding a county psychologist guilty of making a patient perform a sexual act.
Dr. Michael T. Degilio, 45, of Penn Forest Township, was found guilty of involuntary deviate sexual intercourse, indecent assault and indecent exposure.The first count is a felony and the other two are misdemeanors.Mahoning Township police charged Degilio after a then 40-year-old woman reported that he made her perform a sexual act in his office, located along Route 443, on Feb. 24, 2009.The woman told the jury on Monday that she had become depressed and had problems which led her to the emergency room of the Blue Mountain Health Systems Lehighton Campus.She was then admitted to the Behavioral Health Unit.After being discharged from the unit she made an appointment with Degilio on referral from the hospital.The woman testified she had a history of mental health issues for about eight years and was seeing another psychologist.However, that psychologist was not available to see her after her discharge.She testified her first visit with Degilio was on Feb. 20, 2009. During that visit she claimed Degilio asked her many questions of a sexual nature. She then returned to his office on Feb. 24. During that visit she said he made her perform the sexual act.Degilio took the witness stand on Wednesday and denied having any kind of sexual contact with the woman.In fact, he presented alibi testimony that he was having a sexual relationship with another woman outside his office at that time and that the victim never showed up for the Feb. 24 appointment.Testimony also included the arresting police officer, Jeffrey Frace, formerPolice Chief Kenneth Barnes, and others, for the prosecution.The defense called the woman that Degilio was allegedly with at the time the victim said she was with him, among others.Both sides also had testimony of medical witnesses including psychiatrists concerning the medication the victim was taking at the time of the incident.The jury had a question for President Judge Roger N. Nanovic II about three hours into the deliberation. They came back into the courtroom for clarification on the meaning of beyond a reasonable doubt.Assistant District Attorney Cynthia Ann Dyrda Hatton prosecuted the case.Degilio was represented by attorney John Waldron, of Allentown. Degilio has a right to appeal the verdict.Nanovic ordered the adult probation office to prepare a presentence investigation report for sentencing purposes, which may occur within the next two months. Degilio remains free on bail.