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Abuse charges will go to court

Evanko
Teens allege sexual assault

CHICORA — Allegations that a prominent doctor sexually abused two teenage boys during medical care will go to court.

The alleged victims testified during a preliminary hearing Tuesday that Dr. David Evanko, 56, masturbated them when they sought treatment for genital warts.

The doctor already faces trial on allegations he assaulted a now 29-year-old man while the alleged victim was a Boy Scout under Evanko's supervision. That accusation stems from incidents reportedly occurring in the mid-1990s.

The new allegations are more recent, reportedly occurring between April 3, 2008, and March 19, when these boys, ages 15 and 17, were residents of Summit Academy

The academy is an institution-based school in Summit Township for dependent and delinquent teens. Officials there testified Evanko was an independent contractor, paid a $1,000-a-month retainer to treat residents on an as-needed basis.

Each of the boys in the new case testified that Evanko had treated them for "bumps" or "blisters" on his penis, identified in court records as genital warts.

Each boy said Evanko first treated the infected area with one type of cream that he applied with a Q-tip. But then, the boys individually alleged, the doctor used his hand and a different cream to inappropriately touch them.

The first boy, who was 15 when he encountered Evanko in April 2008, said, "I got scared, so I stared, looking up at the ceiling,"

He is now 17 and reportedly a resident of Philadelphia.

The second boy, who was 17 during his multiple encounters with Evanko earlier this year, described the doctor's actions as "playing with" his penis.

The treatment, the boy from Altoona said, left him feeling, "embarrassed and violated."

Defense attorney David Defazio unsuccessfully asked District Judge Lewis Stoughton to toss out the charges.

Defazio claimed "there's no evidence that what happened was anything other than a medical procedure."

Defazio said the boys' discomfort did not necessarily mean they were assaulted.

"Anyone who has ever had a colonoscopy feels violated," Defazio argued.

But Stoughton ruled the boy's testimony was sufficient evidence to hold the charges over for court.

Evanko, who lives in Butler Township, faces two counts each of institutional sexual assault, indecent assault, unlawful contact with a minor and corruption of minors and child endangerment.

He may now either enter a plea or have a trial.

Meanwhile, charges of involuntary deviate sexual intercourse and statutory rape are still pending in the first case filed against Evanko, involving the Boy Scout's allegations.

Last week, senior Judge Charles Alexander scheduled a hearing to reconsider his earlier decision to ban certain witnesses from testifying if that case goes to trial.

Prosecutors had sought to have the alleged victim's three brothers testify that they too were victimized by Evanko when they were children, even though no charges arose from their allegations.

Charges initially were filed on behalf of one of the brothers, but prosecutors dropped that case after acknowledging the claim did not meet the state's statute of limitations.

Alexander initially ruled against the proposed testimony, saying it would be more prejudicial to the defendant than enlightening to a jury. However, the judge vacated that decision pending the outcome of the Jan. 15 hearing.

Alexander, a senior judge from Clarion County, is presiding over the case because all Butler County judges recused themselves due to previous professional interaction with Evanko.

The state attorney general's office is prosecuting both cases because Evanko has had a professional relationship with the county district attorney's office.

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