An Ellicott City dentist who was convicted of fondling a female patient while she was under the effects of an anesthetic during a January visit was placed on five years' probation yesterday and ordered to stay away from the young woman.

Dr. Evan C. DePadua, 37, was also ordered into counseling as a result of his convictions for misdemeanor assault and fourth-degree sexual offense.

"Obviously, a lot of lives have been impacted by Dr. DePadua's conduct," Howard Circuit Judge Diane O. Leasure said. She imposed a three-year prison term but suspended the sentence and placed him on supervised probation.

Leasure's sentence came after arguments for active jail time from the prosecutor who handled the case and for "mercy" from both DePadua and his defense attorney.

"Not only did Dr. DePadua commit a crime, ... this was also a violation of trust," said Assistant State's Attorney Danielle Duclaux. The woman "trusted Dr. DePadua to treat her in a professional manner and not take advantage of her."

But DePadua's lawyer, T. Joseph Touhey, said his client has been punished already.

His dental license was suspended by the Maryland State Board of Dental Examiners after his August conviction and he and his wife have separated as a result of the case, Touhey said.

"I ask the court to consider all that's gone bad for Dr. DePadua as a result of this ... and will for years to come," he said.

In a case that pitted the dentist's word against that of his young patient, DePadua, who was licensed in Maryland in 1997, was accused of pulling down a 22-year-old woman's pants and rubbing her thighs while she was under the effects of nitrous oxide. DePadua, who had tightened the woman's braces, told her that he had to test for a jaw disorder.

The dentist later admitted to investigators that the woman's pants were unzipped and lowered at some point during her Jan. 19 visit to his office in the 10300 block of Baltimore National Pike. He said he touched the woman's thighs, but "not in a sexual way."

In finding DePadua guilty, Leasure, who tried the case instead of a jury, said she found the woman, whom The Sun is not naming because of the nature of the charges, "extremely credible." The doctor's various statements to investigators and at trial had "many inconsistencies," Leasure said.

Although DePadua's license is now indefinitely suspended, it was unclear yesterday when or if he would be able to practice again.

A dental board order dated Oct. 23 says the suspension will stay in place until a mental health evaluator says the dentist is "sufficiently rehabilitated so as to no longer pose a threat to his patients," until he seeks treatment and the Dental Well-Being Committee approves his return to practice, and until any other complaints against him are resolved.

Three other female patients have accused DePadua of inappropriate touching and comments to unsafe practices, but none of those allegations resulted in criminal charges.

"I'm hoping they'll ... let him back in his profession," Touhey said after yesterday's sentencing. "It's a waste of a lot of talent."