By Rick Pfeiffer<br><a href="mailto:pfeifferr@gnnewspaper.com">E-mail Rick</a>
Greater Niagara Newspapers
NIAGARA FALLS
April 19, 2008 12:20 am
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An apparently unrepentant Dr. David Plache had nothing to say as he was sentenced Friday in Niagara County Court to three years probation and a lifetime ban from practicing medicine.
Judge Sara Sheldon Sperrazza, who had to remind Plache to stand up when he addressed the court, asked if he had anything he wanted to say before she imposed a plea deal sentence.
Plache tersely responded, “No.”
His defense attorney, Amy Martoche, then told the judge she had advised Plache not to say anything because of “pending collateral matters.” Those matters are civil lawsuits that have been filed by Plache’s accusers.
The former pediatric endocrinologist, who had leased office space at Niagara Falls Memorial Medical Center, pleaded guilty in February to a single count of endangering the welfare of a child in a plea deal with prosecutors.
In return for the guilty plea, prosecutors dropped 18 misdemeanor counts of third-degree sexual abuse in one case, five counts of third-degree sexual abuse in another case and two counts of third-degree sexual abuse in the third case.
Two felony counts of first-degree sexual abuse were also dismissed.
A 29-count indictment had charged him with sexual-abuse-related offenses involving three young boys. Prosecutors said he improperly touched and molested the boys, who were his patients.
Before the sentencing, Assistant District Attorney Robert Zucco complained to Sperrazza that Plache was still not taking responsibility for his actions. He said Plache was evasive with probation officers during a pre-sentencing investigation.
“When it comes time for him to say what he did, he says, ‘I pleaded guilty and I didn’t do anything sexual’,” Zucco said. “That attitude is very troubling to the people.”
Martoche defended her client’s comments to the probation officers.
“My client denies any sexual contact (with his accusers) and we do object to the victim statements (claiming sexual abuse),” Martoche said.
In addition to his time on probation, Sperrazza ordered that Plache undergo, within 30 days, a sex offender evaluation. The judge also barred him from being in the area of schools or other places were children might be present and from being in the presence of anyone under the age of 18 without parental supervision.
Plache had “no comment” for reporters outside the courtroom, as he bolted to a waiting car to avoid television news photographers.
“This plea is a reflection of the quality of the evidence. We all along have pointed out there have been problems with the evidence in this case,” Martoche said. “(Plache) still adamantly denies (the sex abuse) allegations.”
With a ban on ever practicing medicine again, Martoche said she “could not comment” on what Plache would do for work in the future. She did say Plache was “happy to put this behind him.”
Zucco said the decision to take a plea in the case was based on two factors.
“Even if we went to trial and got a conviction, the state Department of Health would have only revoked his medical license for three years, and then he could have reapplied for it,” the prosecutor said. “I also have three very fragile kids and this (a trial) would have been difficult.”
Zucco also took issue with many Plache patients who rallied to the doctor’s defense and sent letters to Sperrazza asking for a light sentence.
“The praise for this (defendant) is not universal,” Zucco said. “He helped some kids a lot, but he also preyed on kids.”
The case against Plache began last October when a 15-year-old boy told Falls police that the doctor had molested him at his office and at the boy’s home. The victims in the three cases ranged in age from 11 to 15.
Contact reporter Rick Pfeiffer at 282-2311, ext. 2252.
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