Judge orders prosecution to give medical report to defense
A judge issued an order Tuesday requiring the district attorney’s office to give any report from a medical expert who will testify in a 2024 sexual assault case to the defendant’s attorney.
The order was issued in the case of John Bernard Bujak, 66, of West Sunbury. He faces charges alleging he sexually assaulted a woman who was asleep on a couch in a home in Jefferson Township and later tried to bribe her to drop the charges.
At a hearing Tuesday in Butler County Common Pleas Court, defense attorney Armand Cingolani said a report from a doctor or examining nurse who would testify about a rape kit examination performed on the woman was not included in the discovery material he received from the district attorney’s office. He asked Judge Joseph Kubit for a court order requiring the hospital to provide the report.
Assistant District Attorney Andrew Calve said all the information his office received from the hospital was provided to Cingolani and it is up to him to obtain any other information.
Calve said he believes the hospital is willing to provide the report, but wants a court order requiring it because of the Health Insurance Portability and Accountability Act (HIPAA) and hospital rules governing patient health information privacy.
Cingolani then refined his request, asking for a narrative report about the findings the expert would testify about, rather than a full medical report.
After the hearing, Kubit issued an order stating any expert the prosecution intends to have testify will prepare a report that must be given to the defense.
According to state police, a woman reported she went to Bujak’s home in Jefferson Township Oct. 15, 2024, and slept on a couch. She said she woke up around 10 p.m., found her pants and underwear had been removed and noticed a sex toy on a nearby coffee table, according to an affidavit.
She said she confronted Bujak, who gave her the clothes and took her home. She then sent him a text message and he admitted to sexually assaulting her while she slept, according to the affidavit.
Police charged Bujak with felony counts of sexual assault, involuntary deviate sexual intercourse involving an unconscious person and two counts of aggravated indecent assault; and misdemeanor charges of indecent assault of an unconscious person and indecent assault. He was released from custody on $100,000 bail.
On Oct. 21, 2024, police said Bujak called someone from jail and asked them to offer the woman $1,000 to drop the sexual assault charges. Police charged Bujak with a felony count of criminal solicitation in that case.
