A judge said he will render a verdict July 8 in the non-jury trial of a South Hills dentist charged with sexually assaulting 17 of his female patients while they were under anesthesia.
During closing arguments yesterday morning, defense attorney William Difenderfer argued the "absurdity" of a criminal trial for his client, Dr. Robert J. Boyda Jr., based on testimony from witnesses still groggy and possibly hallucinating or recalling dreams.
"I would concede that some of these people believe something happened," the defense attorney said.
Mr. Difenderfer argued the alleged victims may have experienced dreams, induced by the drugs used in anesthesia. He blamed widespread media coverage of the initial charges with spurring more complaints.
The lawyer also argued that Dr. Boyda's offices in Scott and Robinson, where the assaults are alleged to have occurred, were too busy for him to have an opportunity to assault the women without being noticed.
The prosecution "can't show enough patient awareness to make the allegations credible," Mr. Difenderfer said.
Deputy District Attorney Janet Necessary countered that several factors bolstered the largely circumstantial case against the dentist.
The prosecutor referred to "clusters" of similar accusations -- 19 in all -- made by patients in 2002, 2006 and 2007 that point to his criminal "signature." She argued that many of the females, between ages 13 and 58, immediately mentioned the alleged assaults to their friends or relatives.
She also pointed out that Dr. Boyda showed evidence of guilt in at least two cases, including one in which he contacted the parent of a younger patient to inquire whether the patient had been "saying silly things" about her experience at his office. And the dentist asked another patient whether she had remembered anything after having been under anesthesia.
"It should not be forgotten that, at its heart, this is a sex assault case," Ms. Necessary said in her closing statement, pausing for a moment to pick up a pen she dropped on the floor.
"In the time it took me to pick up this pen a sex assault could occur," the prosecutor continued. "Yes, it's a small office. Yet, the defendant was able to choose those moments to perform a sexual assault. He did it at the slightest opportunity."
The trial for Dr. Boyda, 44, of Mt. Lebanon, began April 27 before Common Pleas Court Judge Anthony Mariani.
