The appeal of a Carbon County psychologist of his conviction and sentence for sexually assaulting a patient has been denied by a state court.

Dr. Michael Degilio, 46, of Jim Thorpe, was sentenced to serve four to eight years in a state correctional institution followed by two years of state probation. President Judge Roger N. Nanovic II imposed the prison term.The appeal before the state court has been pending since December 2014.After the sentence was imposed on Nov. 17, 2014, Degilio filed an appeal of the sentence and verdict.A three-judge panel of the state Superior Court has denied that appeal.The case has been lingering in the court system for a long time. Degilio was first charged in 2009. The case never got to trial until May 2014 because of various delays for court filings/motions and medical problems for Degilio.Just before his scheduled sentencing in August 2014, Degilio changed legal counsel. Attorney John Waldron of Allentown, who represented Degilio throughout the criminal case from its beginning until the jury's verdict, was replaced by Philadelphia area attorneys David Nenner and Todd Mosser.The jury panel found him guilty of involuntary deviate sexual intercourse, indecent assault and indecent exposure.In a state court opinion denying the appeal stated, "Appellant raises a single contention for our review, 'Was the evidence sufficient to support (Appellant's) convictions?' " The court said Degilio's legal counsel argued that the evidence did not establish the forcible compulsion element of his convictions for the involuntary deviate sexual intercourse and indecent assault charges.After reviewing the case, related legal cases, arguments by Nenner and Mosser, and the response and argument of Assistant District Attorney Cynthia Ann Dyrda Hatton, the state court concluded that the conviction and sentence imposed was valid and affirmed both.Degilio filed his initial appeal of the verdict and sentence with Nanovic, who denied the appeal. After that denial Degilio filed an appeal with the Superior Court.The chargesMahoning Township police officer Jeffrey D. Frace charged Degilio with having a then 40-year-old woman perform a sexual act during an office visit in February 2009. The charges were filed after the woman contacted township police.The woman testified at trial that 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 she was suffering from deep depression and was on medication. She said she was referred to Degilio by the hospital after the doctor she wanted to see was not available.She said at her first visit that Degilio said he could help her.Degilio denied having any kind of sexual contact with the woman and at trial testified that the alleged second meeting, when the woman claimed the sexual act took place, never occurred.Degilio told the jury he only met with the victim for 10 minutes on Feb. 20, 2009, 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 didn't know when her husband would be able to attend because of his work.Degilio said the woman later said she would attend the Feb. 24 appointment, but he said she never showed up.The woman testified that she did show up for the Feb. 24 appointment and that was when Degilio had her perform the sexual act.She said she was seated on a couch and was forced to perform the sex act by Degilio.AppealsFollowing a hearing on the appeal, Nanovic, at the request of Hatton, changed Degilio's bail from $100,000 unsecured to $100,000 straight cash. Degilio was taken to jail following the hearing as he could not immediately post the $100,000. However, his stay in prison was short, as he posted the bail the next day and has been free ever since.Degilio has been supervised by the Lehigh County Adult Probation Office. Degilio is a former employee of the Carbon County Adult Probation office and because of that the county office recused itself from his supervision.Degilio has 10 days to ask the Superior Court to reconsider its decision, or in the alternative, has 30 days to ask the state's Supreme Court to review the matter. He will remain free pending any further appeals.