Doctor’s charges bound to court
Delbaggio pleads not guilty to all 33 counts
A local pediatrician is heading for trial on multiple drug charges, Magisterial District Judge Daniel C. DeAntonio decided Wednesday.
DeAntonio bound over to county court all 33 charges — including 14 felony counts of administration of a controlled substance not in good faith in the course of her practice — filed against Dr. Rebecca Delbaggio, 46, of 317 Sylvan Oaks Drive, Hollidaysburg.
Delbaggio pleaded not guilty to all 33 counts on Wednesday. She is free on $50,000 unsecured bail.
However, Assistant District Attorney Derek Elensky made a successful case to move the charges on to trial.
“Her boyfriend wanted pills, asked for pills, and she gave them to him,” Elensky said at the end of the preliminary hearing Wednesday before DeAntonio.
Delbaggio’s alleged boyfriend, former professional baseball player Andrew C. Smithmyer, with whom she allegedly was having an affair, waived his hearing on 15 felony counts of illegal acquisition of prescription drugs Wednesday. He is free on $25,000 unsecured bail.
Earlier this month, Smithmyer, 26, of 1931 N. 11th Ave., waived misdemeanor charges of DUI of a controlled substance and possession of drug paraphernalia, along with several summary counts on to county court. He is accused of crashing his vehicle on Jan. 17 while high on heroin. Smithmyer was released on $5,000 unsecured bond in that case.
Delbaggio allegedly wrote 14 prescriptions for Smithmyer to receive oxycodone and Xanax. Smithmyer never visited her office for an examination. Scripts were written, for example, in hotel rooms where the two met, according to Elensky’s witness, Pennsylvania Office of Attorney General agent Matthew Massaro.
Massaro testified Wednesday and provided exhibits for the record.
Delbaggio’s attorney, Brian Grabill, made the case that the pills were prescribed for legitimate reasons, namely pain from a sports injury and anxiety after a car crash. The oxycodone was for elbow pain that Smithmyer first suffered playing baseball in college; the pain flared up again during an Altoona summer league. The Xanax was prescribed subsequent to a car accident, after which Smithmyer allegedly had trouble sleeping.
Delbaggio allegedly furnished scripts for the pills between August 2016 and January 2018, Massaro said.
DeAntonio deemed the Commonwealth of Pennsylvania, represented by Elensky, provided sufficient prima facie evidence for the case to go to trial.
Mirror Staff Writer Russ O’Reilly is at 946-7435.