D.A. Drops Sex Charges Against Holistic Healer

LAGUNA BEACH —  The Orange County district attorney’s office has dropped felony sex charges against a holistic health practitioner after an extensive investigation concluded that a procedure he performed on some female patients who had yeast infections is an accepted practice in some states.

“Our independent investigation showed there was not sufficient evidence to proceed on the sex crimes,” Deputy Dist. Atty. Chuck Middleton said Friday of the investigation involving Salvatore Anthony D’Onofrio, who was charged in October with eight counts of penetrating two women with a foreign object and one count of practicing medicine without a license.

The case centered on the use of “ozone therapy,” which D’Onofrio has described as an immune-enhancing technique that sometimes involves inserting the tip of oxygen tubes into women’s vaginas to treat infection.

“We had procedures that were being used on people that, at first blush, seemed to be sexually oriented,” said Middleton, who is with the sexual assault unit. But, eventually, investigators determined that D’Onofrio did not perform the procedures for his own sexual gratification, a finding that is required to pursue a sex offense charge, Middleton said.

However, while the felony charges against D’Onofrio were dismissed Wednesday by Orange County Municipal Judge Carl Biggs, prosecutors filed nine misdemeanor counts against D’Onofrio, alleging that he practiced medicine without a license.

D’Onofrio, 52, of Laguna Beach, vowed he will beat those charges as well.

While satisfied by his partial victory, D’Onofrio said he is moving to Boulder, Colo., Sunday, leaving behind a decimated practice that once boasted 350 patients, a number that has since shriveled to about 35.

“It’s just been holy hell the past 10 months,” he said. “I can’t work here.”

D’Onofrio’s arrest created an uproar among his supporters, who filled a courtroom when he was released from jail in December and protested the handling of his arrest at a Laguna Beach City Council meeting.

The case also raised larger questions about whether unlicensed health care practitioners such as D’Onofrio should be held to stricter standards. D’Onofrio’s field, called nutripathy, focuses on improving the patient’s overall health.

Initially, investigators talked to members of the state medical board, who said the ozone treatments were “totally improper and without medical basis,” Middleton said. But after continuing their research, investigators learned that the treatment is actually “touted” by some medical professionals, he said.

“There’s a big division in its acceptance, and there’s a lot of controversy as to whether it really does what it claims to do,” he said. “But that wasn’t our problem.”

Charles F. Benninghoff, D’Onofrio’s attorney, said he spent about eight months educating prosecutors about various therapies, including the ozone treatment. “We broached these subjects with these district attorneys, and they had never heard of them before,” he said.

While he will be returning to Orange County to fight the additional charges, D’Onofrio said he is now busy preparing to move. Since his arrest, D’Onofrio said, his ability to practice has been severely hampered. He was ordered not to administer medical examinations, laboratory tests or the ozone therapy.

“All I can do is advise people on nutrition and supplements and herbs,” he said.

In Boulder, D’Onofrio plans to work as a vitamin salesman, doing radio and television spots. Eventually, he hopes to start a new practice.

“This whole thing has been one misunderstanding after another,” he said.