Marco doctor charged with soliciting prostitution avoids trial

Andrew Guidry

Collier County Sheriff's Office

Andrew Guidry

— A Marco Island doctor who asked a patient without insurance to have sex with him in return for his services avoided a trial today by entering a pretrial diversion program.

Under the terms of the agreement, 46-year-old Dr. Andrew Martin Guidry must do 100 hours of community service and undergo a psychological evaluation and follow any recommendations. If he fully complies with all conditions over the three-month program, he will avoid having a criminal record.

The agreement was reached the day the case was set for trial before County Judge Mike Carr.

The 14-year osteopathic doctor, a former Marco Island City Council candidate, was charged in July with soliciting prostitution, a misdemeanor. His medical license is clean, but due to the resolution of the case, the state medical board can now move forward with its investigation.

The community service must be performed at a nonprofit program approved by the county probation department. As he left the courthouse, Guidry said he’d work at a free medical clinic in Naples, but left any further comments up to his defense attorney, Jerry Berry of Naples.

"Had this gone to trial, we were confident a jury would find Dr. Guidry not guilty," Berry said after Guidry filled out all the paperwork in the probation office, including writing an admission of what he’d done.

"However, when you go into litigation, there is no guarantee of what the outcome would be, so resolving this with diversion was a compromise that was fair to both Dr. Guidry and the people of the state of Florida," he added.

Guidry has no record, except for a 2009 misdemeanor domestic battery charge the State Attorney’s Office declined to prosecute due to insufficient evidence and was dismissed in July.

The second-degree misdemeanor solicitation charge is punishable by up to 60 days in county jail and a $500 fine.

Guidry has offices on Marco Island and in East Naples. The Naples resident performs a lot of charity work, has been in the National Guard for 25 years, served in Iraq as a battalion surgeon in 2003, and served as a corpsman in Beirut for nine months in 1984.

Berry had always maintained that a phone conversation taped by Marco Island Police on July 10 was just Guidry joking with the 24-year-old Naples woman, as he often did, and noted that Guidry had even asked two others to listen in.

Due to the sexual nature of the case, the woman’s name is being withheld by the Daily News.

She was not in court, but approved of the resolution, which was scrutinized by Assistant State Attorney Susan Storter, who made sure Guidry’s admission was the one she and the woman approved. When she spotted two words missing, "and I," she asked Berry to ask Guidry to correct that and another omission.

Storter declined comment, referring any comments to the office’s spokeswoman, Samantha Syoen.

"We’re satisfied with the resolution," Syoen said, adding that they’d worked closely with the victim during negotiations. "Due to the facts of the case, we thought this was a good resolution."

The woman agreed.

"He admitted his guilt," she said during a telephone interview after the brief hearing. "I’m happy I’m vindicated. A lot of people had speculated these were false allegations and this proves I did nothing wrong."

The woman, a former legal employee who now works in a college in Southwest Florida, said she has been in touch with the state medical board, but hadn’t yet been interviewed and encouraged any other victims to come forward.

"I know there are others," she said, adding that she hopes he loses his medical license.

Police reports give this account:

She was unemployed and uninsured on July 9 when she went to Guidry, her childhood doctor and friend. She couldn’t afford the $300 cost of removing an Implanon, a contraceptive device implanted in her arm. She’d seen Guidry a few months earlier and told police he’d tried to fondle her breasts and attempted to unzip her pants during an exam.

She’d also said she’d gone to a wedding with him in 2005 and he told her they’d slept together, but she had no recollection of that; Guidry later denied it.

Despite their past, she called again in June, after his domestic violence arrest, and they texted each other and he said the allegations were false and he needed a hug. The next month, she asked to have the Implanon removed. He said he wasn’t trained in Implanon removal, but could do it.

The two texted again and scheduled a July 9 appointment after 5 p.m. because he said it was an expensive procedure and he didn’t want it known he was doing it free. She said it was clear he wanted to be alone to have sex as payment. When she said she preferred to pay, he got mad and told her the cost.

The next day, when she went to the police department, Detective Glen Zirgibel arranged a taped phone call. She agreed to Guidry’s proposal and he named specific sex acts, but became professional and ended the call. He called back on her cell phone and said he couldn’t talk earlier because an employee had walked in.

He then told her about two sexual positions he hoped to perform and she asked if they were talking about payment. He said: "Yeah, we are talking about making sure that you’re fully compensated and I’m fully compensated."

Today, the woman said she was aware Berry would have attempted to tarnish her credibility before jurors, but she was up for it because she’d done nothing wrong by going back to Guidry.

"I had no intention of going back or seeing him again or of ever being a patient after the first inappropriate incident," she said.

"Unfortunately, I was so sick from that device I needed it out," she added. "I was anemic, sick to my stomach all the time and I had headaches. I looked into other options and called other doctors, but I just didn’t have the health insurance or the money to do it at the time."

She said she had no other choice, so it was worth the risk and she could handle any inappropriate comments or advances.

"It’s a hard thing to do when you’ve been victimized like this … but I wanted to do the right thing," she said. "You’re supposed to be able to trust your doctor and feel safe when you go to a doctor’s office."

She commended everyone at the police department and prosecutor’s office, especially Storter, and urged any other victims to come forward.

She added: "I have been received with such comfort, care and compassion by everyone involved in this case that it made me feel a lot better."

© 2009 marconews.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Comments » 22

themessiah writes:

HAHAHA!!!

I'm glad this is back in the news!
It's been a few months and I was having Guidry withdrawals.

I love that the lawyer states this in the same breath:
"We were confident a jury would find Dr. Guidry not guilty" .... "

"there is no guarantee of what the outcome would be, so resolving this with diversion was a compromise that was fair"

I'm happy the "good doctor" will be performing community services at the FREE clinic....this way, he has nothing to barter with for his services!

OldMarcoMan writes:

I just found the D.A. and Judge Im voting against next
election. Bet if he was poor, g*d help us Mexican he would be under the Jail.

karma123 writes:

(This comment was removed by the site staff.)

Fossil writes:

I have to wonder, why didn't she go to the free clinic in Naples? The she said part of this story sounds like much embelishment and one sided with little or no verification offered. If the testimony was so strong; you got to ask, why didn't the "victim" demand a trial? Probably because her chances of winning were as risky as his were. Can you imagine what it would have done to her reputation to testify in court and lose? Glad everybody is happy.

karma123 writes:

Apparently she already has a reputation from previous blogs and yes you are right Fossil...the unemployed uninsured girl still chose not to go to a free clinic or go to another Dr.?? But still claims she didn't want to go back after the first apparent incident. If some Dr I went to grabbed my breast and unzipped my pants I would have given him a black eye..not go back for after hour procedures and constant texting and phone calls after...this is so pathetic of this girl!!!!

katieb writes:

They knew each other in the past...flirted and whatever else. I think in the end, she was just trying to set him up. Yes, it stinks.

playballonK writes:

Guidry isn't the brightest bulb in the circuit but that boy needs to look into taking this sham on a federal level. he got f'd.

happyonmarco writes:

hey, maybe his building would make a good high school.
If I was him, I would get the heck out of southwest Florida and start over somewhere else!

lauralbi1 writes:

This is hilarious. All you excuse makers seem to be forgetting that in the article it states that he basically plead Guilty. Or did he take the punishment because he was innocent ??
Stop blaming the victim or the Courts. It takes two to tango.
Ed Issler

Fossil writes:

Issler: Admissions made under duress are offered up to maintain the illusion of order in a disorderly system requiring some closure. In no way should a resonably informed person accept such admissions as a confession regarding a crime. The courts have made deals with many innocent or wrongly accused people to avoid a court case that is weak or would result in punishing a victem more than it would the accussed. That's all that happened here. Dr. Guidry was charged and the evidence was obviously not strong enough to ensure the prosecution will win with a jury trial. It's all about politics and pleasing the electorate. Elected officials cannot stick their neck out if they can't win. One day Judges and Prosecutors will not come from the electorate but will come from the academic world and not be subject to the whims of society but adhere to the law.

Flowerpower writes:

Fossil, I think reading your blog just made me vomit--yes, I just threw up a little in my mouth. You are chauvinistic and biased--pitiful!!

Did I say disgusting yet??

karma123 writes:

Yes it does take two to tango..so they tango'd?...so now she brings charges against him?...you apparently are ignorant to the way court systems work??

marco97 writes:

I went to his office this week and got my free flu shot, thanks Doc.

Fossil writes:

Flowerpower, sorry you cannot accept reality. Try Nexium or go see Dr. Guidry for relief.

Flowerpower writes:

Fossil, I cannot accept your reality; you are the most narcissistic individual I have ever had the pleasure of not meeting. All of your blogs over the years are one-sided; you do not have the ability to reason or look at others views -- it's your way or the highway. If you're married I feel for your wife because it has to be impossible to live with someone who is always right and always has all the answers.
Fossil, I have you figured out -- you are short, overweight and a coward who sits behind his computer in his underwear and insults anyone that disagrees with him. You are a small man in many ways. Real men have the courage to stand up and put themselves out there on the firing line for cowards like you to take pot-shots at.

lauralbi1 writes:

FlowerPower: You have to understand that Fossill's problems with the law make Dr. Guidry appear like a Boy Scout. That is why he makes excuses for him and comes to his defense. Fossill is one of Marco's most notorious citizens, based on his record of prosecutions, actions by the State of Florida, and crimes witnessed by other citizens. If you want copies of many of the actions he has been involved with and/or statements from witnesses, check with JW Putnam (he has spoken to witnesses) or just e-mail me through the Eagle and I will supply you with the paperwork. But, just take his blogs, in fact all blogs, with a grain of salt and don't let them get to you.
And understand one thing about Dr. Guidry. We can all be proud of his service to his Country which has been beyond what is expected of any serviceman or servicewoman. We need to separate the soldier and doctor from the person.
Ed Issler

liberator100 writes:

Fosill is a bigot and a disgusting, useless thing that takes up space on this earth. Every blog he writes makes me sick. Just his sight around town makes me sick!

kosherdeli writes:

I personally have never met Dr.Guidry nor do I know anything about him pro or con.

However I have a very serious question if the Judge ordered Dr. Guidry to undergo a Psychological Evaluation. Why the hell the State Medical Board didn’t immediately suspend his Lincenses to Practice Medicine, atleast until such Evaluation has been completed and the State Medical Board has received both the results and recommendations of the Psychological Evaluation? Doc believe me I’m not trying to give you a hard time and take monies out of your pocket during theses tough economic times, but if you think about where I’m coming from I think you’ll agree.

Those who disagree with me think about this, if a Judge ordered the Doc of your wife and daughters who pledged guilty, to have a Psychological Evaluation would still you want him or her to practice medicine on them one of them?

Fossil writes:

Flowerpower, do you believe in the tooth fairy? Issler, I did all that? Are you sure you are talking about me? liberator, do you know what a bigot is? I am none of the other things you accuse me of either and I am proud to say that I don't hang around town with your crowd. I doubt that you know who I am. kosherdeli, since when does the order of a judge for a professional evaulation imply expertise in anything? I would say such an order implies the judge admits to limits and is attempting to recruit help in an area he knows nothing about. Maybe you should go with Dr. Guidry and reqest an evaluation be performed on yourself. Take Issler with you.

Fossil writes:

Flowerpower: Listening to both sides of this issue is not "one-sided". I am sorry you only care what this paper and the MI City Police assert. The incomplete story the paper spins is based on flawed weak and unsubtantiated testimony of the victims account. The phone conversation with the police monitoring it is a good example of an incomplete story. I am still waiting to hear what the witnesses heard on the other end of the phone line. The accussed claims he was teasing the victim and that at least two of his employees were in the room at the time. I find it revealing that the victim chose to ask her old lover for help yet when denied she makes certain claims that she cannot substantiate. Again, if she did not want to relive her experiences with the accussed, why did she go to him for help? Why did she agree to see him after business hours? Why not go to a free clinic? Lotta questions remain. Listening to both sides is hardly chauvinistic and biased.

FreshFace writes:

I happen to know for a fact there were others. This man is a mess and should not be practicing medicine in this state. I hope the woman goes further into this!

FreshFace writes:

If you're a man you have NO idea how this guy acts when he's with a female patient. Most of the women I know went to see Shaw (RIP) but would sometimes HAVE to end up with Guidry. The guy is a creep. He's gross. He asks you to unbutton your pants to check your glands in your pelvis area? I HAVE BEEN SICK MOST OF MY LIFE AND NOT ONCE DID A DOCTOR ASK ME TO DO THAT! That was the LAST time I went to that office. He officially sucks and sent me back to work as I was coughing up BLOOD! turns out I had a deadly illness, but he was too focused on my chest to even consider sending me to get a professional opinion. Yes, I did contact a lawyer, but how do you prove such things? I was too sick to fight it at the time. I hope he self destructs sooner rather than later. If you go to him and he doesn't help you then you only have yourself to blame. If he sexually harrasses you...run to the police station. I wish I had, but look at all of you blaming this woman. How sad.

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