Doctor charged with fondling nurse
R. JONATHAN TULEYA , Staff Writer 07/16/2004
WEST CHESTER -- The attorney representing the West Chester physician charged with indecent assaulthas filed a motion to block testimony from a woman alleging to be a victim of the doctor's prior "bad acts."
Police arrested Dr. Jose Edgar Alarcon on March 16 and charged him with indecent assault, harassment and false imprisonment. Alarcon is accused of fondling a nurse at the Barclay Friends Home, an assisted-living facility at 700 N. Franklin St. in West Chester where both were working on Feb. 9.
Alarcon is scheduled for trial on Aug. 2.
Assistant District Attorney Andrea Cardamone said the witness is a woman who has come forward since the physician's arrest.
"The commonwealth has provided in discovery certain evidence of prior or uncharged bad acts," Cardamone said, "which we will likely seek to introduce at trial."
She declined to give further specifics about the witness. Cardamone and Alarcon's attorney, Robert J. Donatoni, are expected to file briefs regarding the witness by next Friday.
Alarcon's attorney filed a motion to block the testimony in June. A brief hearing about the issue took place on Wednesday before Chester County Common Pleas Judge Phyllis R. Streitel.
According to court documents, the witness would testify that on April 26, 2003, Alarcon examined the witness, a registered nurse, for a rash on her legs and arms and lesions on her torso.
As Alarcon attempted to examine the woman's torso, according to the motion filed by Donatoni, he was told to stop, "which he did."
No charges were ever filed against Alarcon.
Donatoni wrote the "prejudicial effect" of the testimony would "(deprive) the defendant of his right to a fair trial."
Donatoni did not return calls for further comment by press time.
The following account was given to West Chester Police on Feb. 16 by the victim allegedly fondled at Barclay Friend Home:
The victim had been working at the Barclay Friends Home on Feb. 9, when, at around 6 p.m., she was approached by Alarcon about the condition of one of her residents, according to the arrest affidavit.
The victim immediately went to check on the patient, the report stated. As she placed her hand on the patient's chest to check his breathing, she noticed Alarcon standing behind her, according to police.
Alarcon allegedly placed one hand on her buttocks while positioning his other arm around her waist, reports stated.
The victim told police Alarcon then allegedly slid his left hand under her shirt and commented, "Oh, you have an undershirt on," according to reports.
Alarcon reportedly continued to move his hand upward, and fondled the woman's left breast, according to police.
She told the doctor to stop, reports stated, and twice he allegedly replied, "Don't make me force you," police reports stated.
Alarcon reportedly continued to fondle the woman's breast, according to police, until she managed to push his arm away.
The victim told police Alarcon then turned his back to her and allegedly said, "I guess I should say I'm sorry."
The woman did not reply and left the room immediately, according to police reports.