A former Carol Stream doctor lost a bid today to seal his 2005 conviction for fondling a female patient.
Dr. Angelo Consiglio -- who is building a medical practice in Florida -- argued that Illinois law at the time of his guilty plea allowed misdemeanor battery convictions to be sealed from public view. The law has since been tightened to exclude the offense.
DuPage Judge Ron Sutter rejected Consiglio's argument. "Even if I were to find the (previous) law applies ... based on the facts and circumstances of the crime -- that it was a crime of violence and of a sexual nature committed by a physician who was in a position of trust and that trust was violated -- I would not be inclined to grant the petition."
Consiglio left court without comment, but his attorney has said in the past that the doctor planned to appeal if he lost before Sutter.
The victim, Kate Byrnside of Elmhurst, said she felt "vindicated" by the judge's ruling.
In her police report, Byrnside said Consiglio pulled her sweater up over her bra and groped her breast during a Jan. 5, 2004 office visit after she became dizzy and warm during a sinus procedure. Later, when she tried to leave his Carol Stream office, the doctor forcefully kissed her, she said.
Consiglio pleaded guilty on Jan. 26, 2005, to misdemeanor battery and was sentenced to a year’s probation.
The Illinois Department of Financial and Professional Regulation, the agency that disciplines doctors, suspended his license for four months. It was reinstated in August 2006 after another 14-month probation period that required Consiglio to use a chaperone when treating female patients and complete a course on appropriate professional conduct.
While attending a program in which professionals are treated for sex addictions and other problems in 2005, he disclosed having at least three other sexual relationships with patients, records show. Illinois regulators said they never found out about the disclosure before lifting his probation and, if they had, his punishment would have been harsher.
Consiglio got a restricted Florida medical license in March 2008 after a 10-month screening process in which the prior indiscretions with his patients were revealed.
Consiglio’s attorney, Sal Miglore, has argued that sealing his client’s record would allow the ears, nose and throat specialist to expand his Florida practice through medical group associations and referrals. Miglore also said that Consiglio lost a $400,000-a-year contract with the Sinai Medical Group after the Tribune recently profiled his case.