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Mt. Lebanon oral surgeon acquitted of all sex charges
Wednesday, July 08, 2009

The South Hills oral surgeon charged with molesting 17 patients was acquitted on all counts this afternoon, ending an emotionally charged trial that, with multiple breaks, spanned more than two months.

Dr. Robert J. Boyda Jr., who practiced in Robinson and Scott, was found not guilty by Allegheny County Judge Anthony M. Mariani, who presided over the non-jury trial.

Judge Mariani's courtroom in the County Courthouse was packed with more than 100 spectators -- divided between the accusers and their families and Dr. Boyda's family and friends.

The crowd seated and standing behind the defense table erupted in applause after Judge Mariani announced the verdict, while those behind the prosecution sobbed loudly.

Judge Mariani spent half an hour rehashing the case and explaining his decision. He said he believed the alleged victims thought they were sexually assaulted, but expert testimony from defense witnesses raised significant doubts because the women were on so many drugs -- including propofol, which has been known in some cases to cause sexual hallucinations.

Judge Mariani chastised Dr. Boyda and other oral surgeons for not warning patients of the possible hallucinations -- which is common practice, according to expert testimony. He also said that if this were a civil case -- in which the burden of proof is a preponderance of the evidence, not beyond a reasonable doubt -- he might have ruled differently.

Dr. Boyda, 44, of Mt. Lebanon, who kept the same subtly confident look he exhibited throughout the trial, exchanged hugs with his crowd of supporters in the hallway and left without offering comment to the news media.

His attorney, William H. Difenderfer, said Dr. Boyda plans to resume his practice, but he must renew his license, which has been under suspension by the state dental board since early 2008 when the criminal charges were filed.

When he does, Mr. Difenderfer said, Dr. Boyda plans to videotape all procedures.

"He will be undertaking precautions to alleviate anybody's concern," Mr. Difenderfer said.

More details in tomorrow's Pittsburgh Post-Gazette.
Daniel Malloy can be reached at dmalloy@post-gazette.com or 412-263-1731.
First published on July 8, 2009 at 3:05 pm
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