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from www.phillyburbs.com – Dennis F. Smith [in cuffs] could serve more than two years behind bars for fondling a woman’s breasts under the guise of fixing a heart monitor.
A Bucks County jury in Doylestown on Wednesday convicted Dennis F. Smith on two counts of indecent assault for going to a 19-year-old Hilltown woman’s home and performing an unauthorized breast examination on her.
Smith, 60, of Havertown, Delaware County, will be sentenced in about 90 days, following a Megan’s Law evaluation, and could serve more than two years behind bars. He did not react as the verdict was read.
The jury of six women and six men deliberated for fewer than two hours before agreeing that Smith, a medical technician whose job was to read cardiogram charts on a computer, sexually assaulted the victim.
The teen, a college basketball player, was wearing a portable monitor for several weeks because she’d had heart palpitations. She was having trouble with the device and called CardioNet, the Conshohocken company that makes the monitors.
Smith took her call and arranged to come to her home on a Saturday.
He arrived wearing scrubs and a stethoscope, and was carrying a doctor’s bag.
Smith told the teen that he needed to give her a physical examination before allowing her to remove the monitor. She told the jury that he asked to do the exam in her bedroom, but that she told him she’d prefer to stay in the living room.
Smith ushered her parents out of the room, she told the jury, saying he needed quiet to hear the device. He then told her to remove her bra and touched her breasts, saying he was performing a cancer screening.
The woman said Smith also asked her to stand in front of a mirror and touch her own breasts while he watched. She refused.
After Smith left, she told her parents about what Smith had done. They called CardioNet to complain, and were told that Smith had no authorization to visit their home or perform any kind of medical tests.
The woman went to a hospital after the incident, where doctors noted that her breasts were bruised.
During the two-day trial, prosecutor Courtney Crowley called a 29-year-old woman to the stand who testified that Smith had tried to molest her when she was a 10-year-old camper at Camp Arthur-Reeta in Montgomery County.
The woman said Smith, who worked in the camp’s infirmary, made sexual remarks to her and placed her hand on his penis. A camp employee walked in and caught Smith in the act.
Smith pleaded guilty to attempted indecent assault in connection with the camp incident in 1995. He was also convicted of corruption of minors in 1989. Prosecutors did not reveal details of that case.
Smith did not testify. His attorney, Robert Keller, argued that prosecutors had not proved all the elements of the crime, namely that Smith used forcible compulsion to gain access to the woman’s breasts.
After the trial, Keller said he was surprised by the verdict but respected the jury’s decision. He said his client planned to appeal.
The victim and her family members wept and hugged as the verdict was read. The woman who was the victim in Smith’s 1995 case was also in the courtroom. All left the courtroom without commenting on the verdict.
Crowley said she was pleased with the outcome of the case.
“I think the jury did a good job. We’re very happy with the verdict and very proud of the victims. They did a great job on the witness stand.”
In her closing argument to the jury, Crowley noted that Smith gave the woman a written script of what to say to CardioNet officials in order to be allowed to remove the monitor, and urged her to lie and say he hadn’t visited her home.
“What he did was wrong, and he knew it,” she said.
Although briefly jailed during the trial for talking to a juror, Smith has been free on $50,000 bail since his arrest. Following the trial, Judge Jeffrey Finley raised Smith’s bail to $100,000 and ordered him held in the county prison until he’s able to post 10 percent of that amount.
Smith will be a registered sex offender under Megan’s Law for at least 10 years. If he’s determined to meet the legal criteria to be labeled a sexually violent predator, he’ll face lifetime monitoring and community notification.