Doctor convicted of assaulting patient wants out of prison early - Cincinnati News, Weather, Sports from FOX19 NOW-WXIX

UPDATE: Attorney withdraws motion asking doctor to be let out of prison early

Samuel Perler-Tomboly (Courtesy Hamilton County Sheriff's Office) Samuel Perler-Tomboly (Courtesy Hamilton County Sheriff's Office)

By Corey McConnell - bio | email

CINCINNATI, OH (FOX19) -

UPDATE:

Samuel Tomboly's attorney withdrew his motion to ask that he be released early in court on Wednesday morning.


PREVIOUSLY:

He lost his medical license when he admitted to raping a patient, but now that fallen doctor wants out of prison early.

Samuel Tomboly has served less than a quarter of his 4.5 year sentence for sexual imposition and sexual battery. His attorney says because he's no longer a doctor, he's no longer a threat.

Tomboly was a physician in the emergency room at Anderson Mercy Hospital when he was accused of sexually assaulting a patient.

Prosecutors say the patient was impaired by drugs that Tomboly prescribed.

"She had to watch without being able to move as this doctor molested her," said Hamilton County Chief Deputy Prosecutor Mark Piepmeier.

Another victim came forward after Tomboly was indicted and he pled guilty to the charges.

Tomboly was sentenced to 4.5 years. He's been in prison since March of 2008.

"He was, he is, and will be a danger whenever he does get out," said Piepmeier.

In a letter to the court, Tomboly's attorney asks for his early release because of the hardships his incarceration has caused his family...

The letter reads, "He has lost his license to practice medicine, and will no longer have the opportunity to commit any such offense in the future even if he were so inclined, which he is not."

"To say that just because he doesn't have a piece of paper to say he's a doctor means he's no longer a threat is ludicrous," said Piepmeier.

Tomboly requested early release in October, and that request was denied by Judge Davis. But now that Judge Dewine is the judge on the case, his attorney has made another request.

A hearing was scheduled for Wednesday morning, but Tomboly's attorney has asked for a continuance. A new date has not been set.

(Copyright 2009 WXIX-TV and Raycom Media. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

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