PITTSBURGH -- A Mt. Lebanon oral surgeon was found not guilty Wednesday of charges that he sexually assaulted, groped and fondled 17 female patients -- many of whom left the Allegheny County Courthouse in tears while others applauded.
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Watch Marcie Cipriani's ReportDr. Robert Boyda "really didn't say anything to me, other than a huge smile and a big sigh of relief," defense attorney Bill Difenderfer said.
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WTAE Channel 4 Action News reporter Marcie Cipriani said Judge Anthony Mariani issued his verdict for the 44-year-old doctor after hearing testimony that was spread out over several weeks. At one point, the nonjury trial even moved briefly into Boyda's Scott Township office for a first-hand look at the space where women said they were violated.
"It was a very just finding, and it was wonderful for the people of Pittsburgh and for my daughter and her husband," Boyda's father-in-law said.
The patients -- who ranged in age from 13 to 58 -- made various claims of being groped, molested or otherwise assaulted as they recovered from dental surgery in Boyda's offices in Scott and Robinson townships.
All along, Difenderfer denied the charges of involuntary deviate sexual intercourse and lesser sex-related offenses, saying that the patients were hallucinating or still groggy or otherwise feeling effects of anesthesia.
"Patients that said, 'I'm positive it happened when it did, but then I came back for seven follow-up visits' -- I have a problem, a big problem with that testimony," Difenderfer said.
Deputy District Attorney Janet Necessary had argued that Boyda was after "sneaky thrills" and that the allegations in this case spanned five years, showing a "signature" pattern of behavior.
Mariani said that, while the accusers told compelling stories and may have truly believed what they were saying, he decided to acquit Boyda based on testimony about anesthesia and the side-effects it can cause.
"I don't think a single one of them were making anything up, but expert testimony raised some questions," said Mariani, who added that he thinks the women are "courageous" and that they showed "genuine emotional pain, embarrassment and humiliation" in their testimony.
At least three experts testified that the drugs administered to the women by Boyda affected their ability to perceive and remember what happened to them while they were under the doctor's care.
"Across the street in civil division, my verdict might be different, but I must be convinced beyond a reasonable doubt," said Mariani, referring to the higher burden of proof needed in criminal courts.
Neither Boyda nor his accusers would speak to reporters as they left the courtroom. Prosecutors also declined to comment.
Boyda hopes to get his suspended dental license back and resume his practice, and he will ask future patients to sign a form acknowledging the hallucinations and memory loss that can be caused by anesthesia, Difenderfer said.
"He is a fantastic oral surgeon and it's going to be very difficult for him to pick up the pieces," Difenderfer said.
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