Closed Hearings in Psychiatrist Child Molestation Case

As reported in the Enquirer

Note: This report is not related to the NY State news report regarding gynecologist Dr. Ivan D'Souza on somewhat similar charges with female patients. We have no information on if the two are related in anyway.

A hearing examiner for the Ohio State Medical Board closed a disciplinary hearing Tuesday during an investigation of sexual abuse complaints against a Cincinnati psychiatrist.

Hearing examiner Gretchen Petrucci, referring to the board's administrative rules, cited the "sensitive nature" of testimony as cause to close the hearing to the public.

Sallie J. Debolt, staff attorney with the State Medical Board, said today's hearing will be open - at least when it begins at 9 a.m. in Columbus.

Underage male patients of Dr. Leo D'Souza are expected to testify this week about being inappropriately touched on the genitals. Five boys complained D'Souza, 66, of Clifton, abused them when they were between 12 and 19, sometimes over multiple office visits.

D'Souza has denied any inappropriate conduct. Monday, D'Souza testified that he touched one 16-year-old boy with a towel while examining a penile discharge, and that the patient worried about a possible sexually transmitted disease.

Petrucci closed Tuesday's hearing at the request of the Ohio Attorney General's Office, which is representing the State Medical Board.

Ted Hart, a spokesman for Attorney General Marc Dann, said the hearing examiner has some discretion to close a hearing "to protect compelling interests and rights or to comply with statutory requirements."

Hart said it's likely that the hearing examiner believes testimony from patients would shed light on their identities and/or their medical records. Ultimately, the public transcript of the proceedings will include everything while protecting patient identities, Hart said.

Bruce McIntosh, D'Souza's Cincinnati attorney, initially agreed to closing down part of Tuesday's proceeding "on a limited basis." McIntosh then said the hearings should be completely open.

The State Medical Board is investigating whether D'Souza should lose his medical license for the incidents that allegedly occurred at the Cincinnati Counseling Service between 1998 and 2006.

The accusations against D'Souza also could result in criminal charges.

Eight medical professionals were disciplined for sexual improprieties between 2000 and 2005, according to the State Medical Board.