Westlake podiatrist acquitted on all sexual assault charges

Judge: Not enough evidence to prove woman’s claims.

A Westlake CLEVELAND — podiatrist accused of sexually assaulting a 23-yearold medical assistant was found not guiltyonall counts Thursday afternoon.

Anthony Polito hugged his lawyers and familymembers and cried in the courtroom after Common Pleas Judge ShannonGallagher said there was not enough evidence to prove Polito assaulted the woman three times in late 2015 and early 2016.

“Dr. Polito, you are free to go,” Gallagher said before adjourning the hearing.

Gallagher delivered her verdict hours after prosecutors and Polito’s lawyer, Kevin Spellacy, wrapped up closing arguments in the four-day trial. Polito elected to have Gallagher, rather than a jury, decide the case.

Polito was charged in March with three counts each of kidnappingandgross sexual imposition. He faced more than 30 years in prison if he had been convicted.

Thewomantestified Tuesday that Polito hired her in May 2015 and began making lewd comments about her sex life that summer. The comments later turned into groping, she testified.

The woman testified that she quit her job after a Feb. 26, 2016 incident in which she accused Polito of trying to show his penis to her at St. John Medical Center in Westlake. But Polito’s lawyers turned up records that showed he was in surgery that morning in Middleburg Heights.

The woman struggled in her testimony to pin down key details, includingwhen the encounters occurred and when she told her best friend about them.

Polito’s lawyers also provided text messages that showed she asked Polito to work more hours and suggested he hire her best friend. Thewoman had testified that the sexual harassment began before those texts were sent.

The woman’s family consulted an attorney who edited her resignation letter.

Thewomanwent to police after Polito’s brother, who is also an attorney, sent a letter back to the her family’s lawyer threatening to file a countersuit her for slander if they went forward with the allegations.

Polito, in a statement to cleveland.com, apologized to his family members, including his girlfriend and his five children, for any embarrassment the case brought them. He also thanked his attorneys, two fellow doctors; and the administrative team atSouthwestGeneralMedical Center for sticking by him.

“Nobody should have to endure a process like this. We’re just glad that it’s over and we can move on with our lives,” Polito said.

Spellacy, whowas also in tears after the verdict, questionedwhetherPolito should have been indicted.

“The timeline couldn’t equal what they said happened. It just didn’t match,” Spellacy said.