2ER docs ac­cused in sex­ual as­sault

Af­fi­davit: Woman re­calls be­ing in strange house, wak­ing up to at­tacks.

Austin American-Statesman - - FRONT PAGE - By Tony Plo­het­ski tplo­het­ski@states­man.com

It started as a Fri­day night of fun with a group of young pro­fes­sion­als that in­cluded a trip to a well-known down­town bar and karaoke night at a pop­u­lar restau­rant.

It ended with one of them telling po­lice that she passed out and has hazy mem­o­ries of be­ing in a strange home with two men sex­u­ally as­sault­ing her.

Now, two Texas doc­tors — one from West Lake Hills and the other from Col­lege Sta­tion — have been named as sus­pects in the March in­ci­dent and are ac­cused of pho­tograph­ing the crime in progress, ac­cord­ing to doc­u­ments ob­tained by the Amer­i­can-States­man. One was found with a drug thought to be mor­phine in his bedroom, ac­cord­ing to an ar­rest af­fi­davit.

Nei­ther Dr. David Mi­randa nor Dr. An­thony Amoroso, both emer­gency room physi­cians who are iden­ti­fied in a search war­rant, have been charged with as­sault­ing the woman, but Austin po­lice and As­sis­tant District At­tor­ney Justin Wood con­firmed this week that an in­ves­ti­ga­tion is con­tin­u­ing. They de­clined to com­ment fur­ther.

The doc­tors have hired Austin de­fense at­tor­neys. Aaron Mueller, who couldn’t be reached for com­ment, is rep­re­sent­ing Mi­randa, and Brian Roark is Amoroso’s lawyer.

“Dr. Amoroso’s name is listed

in the ar­rest af­fi­davit for an­other in­di­vid­ual,” Roark said. “Dr. Amoroso has not been ar­rested for any­thing and has passed a polygraph re­gard­ing his con­duct that day. Be­fore writ­ing her re­port, the of­fi­cer never asked for his side of the story. He is in­no­cent of any wrong­do­ing and it is a shame if his name is be­ing men­tioned other­wise.”

Mi­randa is fac­ing re­lated charges. Dur­ing a raid at his home on Gregory Place in West Lake Hills last month as part of the in­ves­ti­ga­tion, po­lice charged him with il­le­gal drug pos­ses­sion af­ter in­ves­ti­ga­tors said they dis­cov­ered a glass vial with a mor­phine la­bel, an ar­rest af­fi­davit said. Po­lice also said in the doc­u­ment that they also found plas­tic bags with “a white pow­dery sub­stance” — later iden­ti­fied as co­caine — in a bedroom dresser drawer.

The ar­rest war­rant for Mi­randa also named both men as sus­pects in the al­leged sex­ual as­sault.

A seven-page search war­rant re­quest signed by a judge in early June pro­vides de­tails of the in­ci­dent and how the woman used her own sleuthing skills to help iden­tify the men.

Ac­cord­ing to the search war­rant, the woman’s evening be­gan with a group meet­ing for drinks af­ter work at Lit­tle Woodrow’s in down­town Austin, where the woman re­ported drink­ing three mi­mosas and a glass of wine. From there, they went to the down­town Chi­na­town restau­rant for karaoke, where she had a cou­ple of drinks and half a glass of wine.

The woman’s cell­phone showed she booked a car to her house at 1:51 a.m. March 25, ac­cord­ing to a search war­rant af­fi­davit. How­ever, the search war­rant said she told po­lice that af­ter that, her only mem­ory was wak­ing up in a strange house with a man later iden­ti­fied as Mi­randa as­sault­ing her and ar­gu­ing with an­other man who was say­ing that she was “un­con­scious, un­re­spon­sive and that he (Mi­randa) needed to stop what he was do­ing.”

She said she blacked out again, but woke up twice more to an as­sault, in­clud­ing one time in which she said both men were par­tic­i­pat­ing, the af­fi­davit says.

“The vic­tim stum­bled to the bath­room and was so sick she had to lay back down on the bed ask­ing the suspect what hap­pened,” the af­fi­davit says. “He told the vic­tim she was re­ally drunk and told them she had lost her friends.”

The woman said once she was alert enough, she asked one of the men to take her back to her car and later got a text from one of them.

“The vic­tim was able to fig­ure out more about who Mi­randa was by re­trac­ing her steps and tak­ing the route the sec­ond suspect took to get her back to her ve­hi­cle,” the af­fi­davit says. “The vic­tim was very fa­mil­iar with West Lake Hills in Travis County, Texas, and rec­og­nized ex­actly where (Mi­randa’s) house was lo­cated. She was able to ob­tain an ad­dress and per­formed a re­verse ad­dress lookup to find out who lived at the house.”

While work­ing with po­lice, the vic­tim texted Mi­randa and asked if any photos or videos were taken dur­ing the in­ci­dent. He said the other man took a photo of her and sent it to him, the af­fi­davit says. Po­lice have since got­ten a search war­rant for his phone, and a foren­sic exam has been un­der­way.

The woman then had ex­changes with Amoroso, who “stated he did not have any photos of her and if he did take photos he prob­a­bly al­ready deleted them,” the af­fi­davit says.

The woman’s name is be­ing with­held be­cause the States­man doesn’t iden­tify vic­tims of sex­ual as­sault.

Mi­randa is out on bail for the drug pos­ses­sion charges. He was ar­rested in Bell County by mem­bers of the U.S. Mar­shals Ser­vice while work­ing as a con­trac­tor for the Metro­plex Hospi­tal in Killeen.

The Texas Med­i­cal Board web­site shows he grad­u­ated from Cor­nell Univer­sity and has been on the fac­ulty at the Univer­sity of Texas South­west­ern in Dal­las.

Amoroso has hospi­tal priv­i­leges at St. Joseph Hospi­tal in Bryan and grad­u­ated from UT South­west­ern, ac­cord­ing to med­i­cal board records.

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