A Sitka doctor accused of sexual assault will face trial in December — but whether he has one trial or two is uncertain.
75-year old Richard McGrath was arraigned in Sitka Superior Court Thursday afternoon (5-23-19) on three counts of sexually assaulting a patient under his care — by allegedly touching the breast of a female patient who was unaware that a sexual act was being committed.
The charges are in addition to 8 similar counts brought by a Sitka grand jury in April.
McGrath — through his attorney Julie Willoughby — pleaded not guilty to the three new counts, and asked to go to trial.
McGrath was originally scheduled for trial in the first case in June but Willoughby said that was “absolutely unrealistic.”
Willoughby and assistant district attorney Amy Paige agreed that December or January would be preferable, and that the two cases should “track together” on the court calendar.
Superior Court Judge Jude Pate set trial for the week of December 2, but whether the trial includes both cases remain to be seen. The first 8 charges involve one alleged victim; the remaining three charges involve another alleged victim.
Paige told KCAW that some of the evidence might be “cross-admissible,” but she had not decided whether to ask the court to consolidate the cases — or whether Judge Pate would even allow it.
Bail in the two cases, however, will be concurrent. McGrath last month posted $25,000 bail, which the state agreed could cover both cases. Paige asked only one additional condition to McGrath’s release, that he have no contact with the second alleged victim.
