Former UI pathology professor pleads guilty to sex charge

IOWA CITY – A former University of Iowa assistant pathology professor pleaded guilty to a lesser charge of sexual abuse in Iowa County District Court Wednesday.

Toshiki Itoh, 47, charged with third-degree sexual abuse, pleaded guilty by Alford plea to assault with intent to commit sexual abuse, an aggravated misdemeanor.

An Alford plea is entered when a defendant doesn't admit to the crime but admits the prosecution could likely prove the charge.

Itoh was to be retried on the sexual abuse charge next month. He was convicted last year of two counts of assault causing bodily injury but the jury split 10-2 on the sex charge.

Itoh's lab assistant, a Japanese national, testified during the trial that Itoh beat her on several occasions between January 2007 and July 2008. He repeatedly punched her in the face and sometimes twisted her breast until she bled.

The woman also said Itoh sexually abused her but she never told anyone about the abuse until the incident in July 2008, according to testimony. She was in the United States on a work visa and feared she would lose her job if she complained.

A detective testified during the trial last year that Itoh admitted to hitting the woman several times, breaking her glasses in the July 8, 2008 incident. The detective said at one point, Itoh said he threw her into a wall.

Mark Brown, Itoh's attorney for the sexual abuse charge, said Wednesday Itoh was offered the plea deal late last week. Itoh considered the first trial and the 10-2 split in making his decision, Brown said.

“We will ask for a deferred sentence on the sex abuse (conviction) and the state will ask for a two year suspended sentence,” Brown said. “The best thing about a deferred is that it would be wiped off his record in a few years.”

Brown said the state will ask for a one year jail sentence on the two assault convictions but he plans to also ask for a deferred judgment and ask all charges run concurrently.

Itoh will have to register as a sex offender, complete sex offender treatment and be on supervised probation for two years. He may also have to pay victim restitution and fines for both convictions.

Whether Itoh, who's not a U.S. citizen, will serve those sentences is unknown, Brown said. The sex and assault charges are “deportable offenses” and U.S. Immigration and Customs Enforcement could step in after Itoh is sentenced.

Itoh resigned from his UI position last month. UI officials had set a Jan. 5 hearing to resolve disciplinary charges against Itoh but that was cancelled when he submitted his letter Jan. 3.

Itoh was with the university for five years and had been in the country for about 11 years.

A sentencing date will be set this week.