FULTON – A Huntley Hearing held early last week (Feb 2) has provided testimony in the case of a Fulton doctor accused of raping a patient in March of 2015.
Dilip K. Roy, 51, was arrested on May 5, 2015 and charged with two counts of rape in the third degree, a class E felony, after a patient reported in April that she was subjected to unwanted sexual intercourse during an office visit in March.
The 25-year-old patient testified at the hearing in front of Oswego County Court Judge Donald Todd as well as prosecutor Allison O’Neill and defense attorney Jack Conners in regards to a recorded phone conversation between herself and Dr. Roy that she obtained after suggestion by state police that is believed to have incriminating statements made by Roy.
The alleged victim claims to have been advised by New York State Police Investigator Benjamin Miller to record a phone call from Dr. Roy after she reported the alleged incident and revealed that she had been receiving multiple after-hours calls since the alleged incident occurred from the office phone number at Fast Care Family Medical where Roy worked.
She revealed she had not yet personally answered any of the calls from the office, but did answer a call later the same day after speaking with Miller on April 6, 2015, and recorded the conversation with a friend’s phone after an attempt at using a voice recording app on her phone had failed.
Both Miller and the alleged victim testified that Miller had suggested using an app on her phone to complete the recording and had given suggestions as to what the victim could say to lead the conversation, but he did not tell her exactly what to say.
The alleged victim continued to tell Conners that Roy did not identify himself on the recording, but she was aware of who he was by the phone number of the office and that she did not tell Roy that he was being recorded or ask his permission to do so.
Miller, a NYS police officer for 13 years and a NYS police investigator for five years, also testified in regards to the recorded phone call and the interview that occurred between himself and Roy in which he believes Roy made incriminating statements after his May 5, 2015 arrest.
Miller recalled executing a search warrant at Fast Care Family Medical practice at 941 S. First St., Fulton, in the morning hours of May 5, to which he recalls Roy saying, “not true,” after reading through the warrant.
Conners questioned the exact accuracy of Miller’s recollection but Miller remained adamant that Roy said, “not true” and was then arrested at the office and brought to the police barracks where he was interviewed by Miller after being read his Miranda Rights.
Miller testified that Roy was initially persistent in his denial against the allegations made and he was unsure of the alleged victim’s identity, saying he would need to pull her chart because he had more than 7,000 patients and could not be sure without her records.
After Miller played the recorded phone call from the alleged victim, Miller claimed Roy asked what the recording proved before eventually admitting to engaging in sexual intercourse with the alleged victim and then ending the interview on his request to seek legal counsel.
Judge Todd will issue a ruling by March 1 before scheduling a trial.
Roy also faces more charges after he was arrested again on October 13, 2015 and charged with one count of forcible touching, a class A misdemeanor and one count of sexual abuse 3rd degree, a class B misdemeanor.
A separate investigation was conducted after another former patient made a report in May of 2015 about an incident in which the patient reports that Roy touched intimate areas of the alleged victim in a sexual manner during a regular office visit at Fast Care Family Medical in February of 2015.
This arrest came the same day Roy pleaded not guilty to rape charges from the original alleged incident and less than two weeks after the effective date of NYS Department of Health’s order to surrender his license as a physician in NYS after an investigation deemed Roy an “imminent threat to his patients.”
The same investigation concluded Roy had inappropriate contact with eight patients from 2005-2015, including the two patients that pressed legal charges.
A third arrest was made in December 2015 when Roy violated a stay away order against one of his alleged victims when he went to her place of work knowing that she worked there, according to NYS Trooper Jack Keller.
Roy was charged with a misdemeanor for violating a court order.