Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

U.S. v. CROWLEY

December 13, 1999

UNITED STATES OF AMERICA,
v.
FRANCIS CROWLEY AND STEVEN VALJATO, DEFENDANTS.



The opinion of the court was delivered by: Seybert, District Judge.

  MEMORANDUM & DECISION

Pending before the Court are the post-trial motions of defendants Francis Crowley ("Crowley") and Steven Valjato ("Valjato") for a judgment of acquittal or, in the alternative, for a new trial, pursuant to Fed.R.Crim.P. 29 and 33, respectively. Crowley and Valjato were convicted by a jury on July 15, 1999 of one count each of attempted aggravated sexual abuse, in violation of 18 U.S.C. § 2241(a), and one count each of attempted sexual abuse, in violation of 18 U.S.C. § 2242(1). The jury returned verdicts of not guilty as to the remaining counts of abusive sexual contact, 18 U.S.C. § 2244(a). For the reasons discussed below, the motions are granted in part and denied in part.

BACKGROUND

A. THE STATUTES

Count One of the indictment*fn1 charged the defendants with aggravated sexual abuse in violation 18 U.S.C. § 2241(a)(1). This statute provides that "[w]hoever, in the special maritime and territorial jurisdiction of the United States . . . knowingly causes another person to engage in a sexual act — (1) by using force against that other person; . . . or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both." 18 U.S.C. § 2241(a)(1). In relevant part, the statute defines "sexual act" as "contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus," and also "the penetration, however slight, of the anal or genital opening of another by a hand or a finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person." 18 U.S.C. § 2246(2) (B and C). Defendants also were charged, under Count One, with violation of the federal aiding and abetting statute, 18 U.S.C. § 2. Both defendants were convicted of this count.

Count Two of the indictment*fn2 charged the defendants with sexual abuse in violation of 18 U.S.C. § 2242(1). This statute states that "[w]hoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly — (1) causes another person to engage in a sexual act by threatening or placing that other person in fear . . ., or attempts to do so, shall be fined under this title, imprisoned not more than 20 years, or both." 18 U.S.C. § 2242(1). Defendants also were charged, under this count, with violation of the federal aiding and abetting statute, 18 U.S.C. § 2. Both defendants were convicted of this count.

However, the jury acquitted both defendants of Counts Three and Four of the indictment. Count Three charged the defendants with abusive sexual contact in violation of 18 U.S.C. § 2244(a)(1);*fn3 while Count Four charged them with abusive sexual contact in violation of 18 U.S.C. § 2244(a)(2).*fn4

The statutes relevant to Counts Three and Four prohibit unlawful sexual contact. The statute defines "sexual contact" as "the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person." 18 U.S.C. § 2246(3). Counts Three and Four also charged the defendants with violation of the aiding and abetting statute, 18 U.S.C. § 2. As previously stated, both defendants were acquitted of Counts Three and Four.

B. EVIDENCE PRESENTED AT TRIAL

The events giving rise to this prosecution occurred in late September 1997 at the United States Merchant Marine Academy ("Academy") in Kings Point, New York. Defendants Crowley and Valjato, as well as the complaining witness, Stephanie Vincent, were midshipmen at the Academy.

In the evening of Saturday, September 27, 1997, a large group of midshipmen, around thirty to sixty in number, had gathered at Kings Point Park, near the Academy grounds, to celebrate the Academy rugby team's victory earlier in the day. T. 72-73, 75, 641. According to one witness, the point of going to Kings Point Park on a Saturday evening was "to hang out and drink." T. 621. It was very common for midshipmen under the age of twenty-one to drink. T. 653. One witness described the party as a "rugby drink-up," where after an athletic event someone would get a keg of beer and the teams would go somewhere to drink. T. 750.

Vincent had played a volleyball game earlier in the day, later had attended an Academy football game,*fn5 and around 8:30 p.m. went to Kings Point Park with members of her volleyball team. T. 72-73. Jennifer Bechtel, Vincent's roommate, also was at the park, as was defendant Crowley. T. 74. Vincent saw Bechtel and Crowley talking with each other at the park. T. 74. Vincent did not see defendant Valjato at the park that night. T. 75. Prior to this time, Vincent knew Crowley by his name and face, but had never socialized with him. T. 74. Vincent knew Valjato because they were in the same engineering section at school, and therefore had all of their classes together that term, but she had never socialized with him. T. 75, 197.

Exam week at the Academy was to commence the following Monday morning. T. 76. Thus, although there was plenty of beer at the park, Vincent limited herself to one or two beers because she planned on dedicating herself to studying all day on Sunday to prepare for exams. T. 76, 450.

Bechtel, Vincent's roommate, arrived back to the room at around 11:00 or 11:15 p.m. T. 79. Bechtel later left the room for about ten minutes, and then returned, upset and crying. T. 79. Vincent testified that Bechtel appeared to be intoxicated, and that Bechtel later had told her that she had smoked marijuana that night. T. 295, 299, 539. Vincent did not speak to Bechtel about why she was crying, but instead continued to prepare for bed. T. 80. She went to bed at 11:30 p.m., wearing only a T-shirt and basketball shorts. T. 80. Bechtel went to bed at the same time. T. 80. Vincent testified that she locked the door because her bed was situated closest to the door and hall. T. 80. However, Bechtel testified that it was she who locked the door that night. T. 510.

The beds in the room were bunk-type beds, located five or six feet off the ground. T. 80. Vincent's bed was against the center wall. T. 80. Because there were no ladders, Vincent would go from the floor to her chair, then to her desk, then up to her bed in order to retire. T. 81. The other side of the bed was blocked by a cinder wall, as was the head of the bed. T. 81-82. The door to the room was at the foot of the bed. T. 82. There was approximately three feet between the top of Vincent's bed and the ceiling. T. 159. A functioning telephone also was in the room. T. 180.

Vincent awoke several hours later when her bedroom door opened. T. 82. She looked at the digital clock next to her pillow and determined that it was 4:51 a.m. T. 82. Upon hearing the door open, she looked across the room, approximately 10-12 feet, to Bechtel's bed. T. 82, 83. Although the lights were off, Vincent saw that Bechtel was in her bed, and then saw Francis Crowley in the room. T. 83.

Crowley approached Vincent's bedside and stood up on her desk. T. 83. He began calling, "Jen, Jen." T. 83. He repeated it twice. T. 191. Vincent replied that she was not Jennifer and that Jennifer was across the room. T. 83. Crowley then got down and went toward Bechtel's bed. T. 83. Vincent heard some talking, but could not make out what Crowley and Bechtel were saying. T. 84. She thought that Crowley was acting hyperactive, based on the way he was speaking and the look on his face. T. 192, 194. Vincent got down from her bed and exited the room. T. 84. Upon exiting the room, she saw Steven Valjato seated on the floor with his head against his knees, on the right-hand side of the door, resting against the door frame. T. 84, 196. Vincent thought it was strange that Valjato was outside her room at that time of day. T. 198. Without speaking to Valjato, Vincent continued down the hall to the bathroom. T. 85. Vincent was away from her room for about five to seven minutes. T. 292.

On her way back to her bedroom, Vincent again passed Valjato but neither one spoke to the other. T. 85. Vincent re-entered her room and went back to her bed. T. 85. Crowley was still at Bechtel's bedside speaking with Bechtel. T. 85, 292. Vincent could hear Crowley repeatedly saying to Bechtel, "let's party, let's go out, come on, let's smoke crack." T. 85-86. Bechtel did not respond to Crowley except to grumble and move around in the bed. T. 86.

Vincent asked Crowley what was going on. T. 96. Crowley responded by asking her to go out, saying "let's go out, come on, let's party, let's do drugs, come on, let's smoke crack." T. 96-97. Crowley made these statements over and over again. T. 97. Valjato also responded, saying "come on, let's do it, come on, let's go out with us." T. 97. Vincent told them that she did not know what was going on. T. 97. Vincent was annoyed by the fact that it was 5:00 a.m., she had to study all day that day, and she was being asked to go party. T. 97.

Crowley then said to Vincent, "well, you are going to miss out on this. Steve, show her what you have." T. 98. Valjato responded, "Francis, you show her what you have." T. 98. At this point, both defendants pulled plastic bags out of their pants pockets. T. 98. Vincent was able to see inside Valjato's bag, but could not see inside Crowley's bag. T. 98-99. Valjato's bag appeared to contain marijuana. T. 99.

Vincent told Crowley and Valjato that this was not something that she could be a part of, and told them that they could do whatever they wanted, but that she was going back to her room. T. 100. Vincent was trying to be "politically correct" with the situation. T. 204. The defendants asked Vincent why she would not go party and do drugs with them, telling her that because she was smart she would do well on the exams. T. 205. Valjato then asked Vincent if he and Crowley could "at least do it" in Vincent's room. T. 100. Vincent again stated that they could do what they wanted, but she was going back to her room to sleep. T. 100. Vincent then returned to her bed. T. 103. She did not lock her bedroom door. T. 208. The conversation in the hallway lasted approximately fifteen minutes. T. 206, 292. Neither defendant said anything about sex during the hallway conversation. T. 381.

At the time of these events and thereafter, Crowley was very hyperactive. T. 102, 323, 377. According to Vincent, he was "all agitated and distracted." T. 102. Crowley appeared to be intoxicated or stoned, although Vincent did not know whether or not he was under the influence of alcohol or some other substance. T. 302-03, 294. Vincent did not smell alcohol on Crowley's breath at anytime. T. 323. Valjato appeared to be "lethargic, very slow and concentrated." T. 102-03. Vincent did not have the opportunity to determine whether Valjato's breath smelled of alcohol because his mouth was never near Vincent's face. T. 323.

About a minute after Vincent returned to her bed, Crowley re-entered the room and came towards Vincent's bed. T. 103, 292. Crowley went directly up to her bed until he was within inches of her. T. 104. Crowley asked Vincent if she knew that Steven was leaving, and Vincent said she did. T. 104. Crowley then told Vincent that Valjato was "very angry" that she did not want to go out with them.*fn6 T. 104-05. Vincent replied that she was sorry, but that she had to study and she could not go out with them at the time. T. 105. Crowley then told Vincent that Valjato wanted to "go down" on her.*fn7 T. 105. Vincent understood this phrase to mean that Valjato wanted to perform oral sex on her. T. 106.

When Crowley made this last statement, he began to move over the top of Vincent and tried to get onto her bed. T. 106. Vincent backed away toward the wall and told Crowley to stop and to please leave. T. 106. Crowley started kissing her neck and fondling her breasts outside of her T-shirt. T. 106-07. Vincent pushed his hands down and told him to stop. T. 107. Crowley said to Vincent, "come on, I know you want us, come on, let us." T. 107. Vincent continued to tell Crowley "no, to stop, please leave," and persisted in pushing his hands away from her and backing up against the cinder wall. T. 107. The more Vincent resisted Crowley's actions, the more force he used. T. 107. Crowley did not have a weapon or dangerous instrument. T. 235. Crowley fondled Vincent's breasts and kissed her neck for approximately five to ten minutes. T. 292-93, 305. During this struggle, the bed continuously creaked as the wood shifted, making a lot of noise. T. 399.

Crowley then started to move his hand down into the waistband of Vincent's basketball shorts. T. 108. At this point, Vincent cried out to her roommate for help. T. 108. Vincent said "Jennifer, would you please come over and help me." T. 348. Bechtel did not respond. T. 108. Bechtel testified that she never heard Vincent cry out or ask her for help that night. T. 541. After Vincent called to her roommate for help, Crowley pushed Vincent back up towards the wall and told her not to freak out and that everything was going to be okay. T. 108. Crowley then touched Vincent's vagina and attempted to insert his finger. T. 108-09. Crowley was not able to do so. T. 109. Vincent continued to kick back against the wall and continued to try to push Crowley off. T. 109.

Crowley then called out "Steven, come over here." T. 109. Within seconds, Valjato came to the lower end of the bed, nearest the door. T. 110. When Valjato entered, Crowley still had his hand down Vincent's shorts and was still touching her vagina. T. 110. Valjato attempted to climb onto Vincent's bed, but was not able to because he slipped. T. 111. As he tried to climb onto the bed, Valjato stated, "come on, just let us do this." T. 112. Crowley took his hand out of Vincent's shorts and tried to help Valjato. T. 112. Crowley's other hand was still placed across Vincent's chest, on her breast. T. 112. At this point, both defendants were standing on Vincent's desk while she remained in her bed. T. 112. Vincent testified that she "felt as though the situation had escalated into something that I needed to [calm] down, [that] I had to rationalize with them and do something other than physical force, because I could not fight with Francis." T. 397. At no time did Vincent say that two people were fighting with her. T. 326.

While Crowley was touching Vincent, Valjato stood at the edge of the bed, saying "come on, just let us do this, let us go down on you. You will enjoy it." T. 113. Crowley was saying essentially the same thing. T. 114. Vincent told them that she would never do this with anybody. T. 114. Vincent was intimidated by the presence of both Crowley and Valjato at her bedside. T. 114. She continued to ask them to "please leave," but did not scream. T. 115.

While Vincent continued to tell Crowley and Valjato that she did not want them to perform oral sex on her and wanted them to leave, the two continued to beg. T. 116. Crowley stated "come on, just let us do this for five minutes, just for one minute. You will enjoy it, come on." T. 116. Valjato said the same. T. 116. Crowley attempted to pull down Vincent's basketball shorts but was not able to do so. T. 116-17. As Crowley attempted to pull down Vincent's shorts, he said "no, she is going to do that." T. 117. During this part of the incident, Valjato was standing next to Crowley. T. 117. There was some space in between the bodies of Crowley and Valjato while they were standing on the desk. T. 159.

Valjato then told Vincent that he had a tongue ring and that she would really enjoy it. T. 117. Vincent again replied that she was sorry, but it was something she would not do. T. 117. She told Valjato that she did not mean her refusal personally against either one of them, but that she simply wanted them to leave. T. 117. Valjato replied that nobody ever had turned him down. T. 118. Vincent testified that Valjato was upset and angry and that she felt threatened. T. 118.

Crowley and Valjato continued to hound Vincent, asking her to give them a reason why she would not consent to oral sex. T. 118. She told them that she had a boyfriend. T. 118. She also told them that she knew Valjato had a girlfriend, and wondered aloud how Valjato's girlfriend would feel about what they were trying to get her to do. T. 118.

Crowley, ever-persistent, said "who cares? Your boyfriend is not here and neither is Steve's girlfriend." T. 119. The two continued to repeat, over and over, "please let [us] go down on [you]." T. 119. Vincent kept saying no. T. 119. Finally, in an angry tone, Valjato told Crowley "that if she was not going to fucking do it, let's fucking go." T. 119. As he said these words, Valjato hit his fist against the bed frame. T. 119. Valjato then told Vincent that she "better never say anything that was said or done in this room, or it would be all over, and especially to Meg and Carol."*fn8 T. 120. Vincent understood these words to be a personal threat against her. T. 120. Meg and Carol were the only other female students in Vincent's engineering section at that time. T. 120.

Valjato never touched any part of Vincent's body. T. 113. Vincent testified that although Valjato "may have brushed up against my leg as he was trying to climb into my bed[,] [h]e never placed his hands on me." T. 113.

Crowley then asked Vincent if she was mad, and Vincent told him that she was not. T. 120. Crowley then asked Vincent, "you wouldn't put me up for sexual harassment, would you?" T. 120. Crowley then laughed. T. 120. Vincent told Crowley that if he left, everything would be fine. T. 120.

Valjato got down from the desk, followed by Crowley, and the two then exited the room. T. 121. Vincent heard the door click, but she did not lock the door. T. 244-45. Vincent heard the sounds of their voices, whispering in the hall. T. 121. Francis Crowley then re-entered the room. T. 121. He returned atop Vincent's chair. T. 121-22. Crowley asked Vincent, "are you sure, come on, just let us do it. We will never bother you again; just let us do this." T. 122. Crowley told Vincent that Valjato was very angry.*fn9 T. 122. Vincent again told Crowley that she was sorry, that this was something she was not going to do. T. 123. She asked Crowley to please leave and everything would be fine. T. 123. Crowley then asked Vincent if she would call him the next day and Vincent said she would. T. 123. Vincent testified that she said this because she knew it was the only way Crowley would leave. T. 123. Crowley then left the room. T. 123. Vincent hit the clock and it was 6:12 a.m. T. 123.

Vincent listened for the door to click, and noticed that her roommate was still in bed across the room with her back toward Vincent. T. 124. Vincent did not lock the door. T. 246. She did not say anything to her roommate. T. 124. She did not call the police. T. 246. She did not contact the hourly floor watch patrol, nor did she contact campus security. T. 246-47. Vincent lay in her bed wondering why "after that amount of time at that school, my third year, that I had ever given someone the notion that I would allow that to happen to me or that I would want that to happen to me." T. 123-25.

Jennifer Bechtel, Vincent's roommate, left the room at about 7:00 a.m. T. 125. The two did not speak. T. 125.

Around 9:00 a.m., Vincent went down the hallway to speak with her friend Elizabeth Johnsen. T. 125-26. However, Johnsen was still sleeping, so Vincent waited until 9:30 a.m. and then returned to Johnsen's room. T. 126. Vincent was upset, and told Johnsen what happened, although she did not go into all the details. T. 126. Vincent then left Johnsen's room, showered, got dressed and went to brunch. T. 126.

At brunch, Vincent saw her friend Diane Bonnar, and told her what happened. T. 127. Some time later, Vincent spoke to Megan Carroll, and at some point in the morning Vincent spoke to her parents by phone. T. 144, 146. Vincent told her parents what happened, and after speaking with them decided to report the incident to her commanding officer. T. 146. She went to her commanding officer's office on Sunday afternoon, but nobody was there. T. 147.

Although it is not exactly clear from the testimony, sometime after talking to her parents, and while she was studying, Vincent and Megan Carroll went to the vending machines to get coffee. T. 144. While they were getting coffee, Vincent saw Crowley walking towards them. T. 145, 454. Crowley asked her if everything was okay, if she was mad at him, and if they were still friends. T. 145. Crowley told Vincent that he did not know what had gotten into him that night. T. 145, 455. Crowley wanted to know if he could buy Vincent some coffee and wanted to know what she was doing. T. 145. Vincent said she was studying thermodynamics and that everything was fine. T. 145. Crowley said he would help her make photocopies, and again asked if she was mad at him. T. 145, 455. She again told Crowley that everything was fine. T. 145, 455.

Sometime in the afternoon, after discovering that her commanding officer was not in his office, Vincent looked for her company officer, but could not locate him. T. 147. Instead, she looked at the watch bill to see who was on duty. T. 147. Vincent saw that Commander Funken was on duty, wrote down his phone number, and went back to her room. T. 148. She then called her parents and told them that the commanding officer was not around, but that she was going to call Commander Funken. T. 148. When Vincent called Funken, she only was able to reach his voice mail, so she left a message that there was an emergency and that she needed to speak with him immediately. T. 148. Vincent also called front gate security, but received no answer. T. 149. She also called her friend Linda Bulone at home. T. 149. Bulone previously had worked at the infirmary at the Academy. T. 149.

Around four or five that afternoon, Vincent received a phone call from Captain Robert Larson. T. 150. She met with Captain Larson in the library at around 7:00 p.m. and told him what had happened. T. 150. Captain Larson directed Vincent to return to her room and that she would be notified when he wanted to speak with her again. T. 150. Vincent was contacted again by Captain Larson at 9:00 p.m., after which she went to the Academy's administrative building. T. 150-51. Once she arrived, she again called her parents. T. 151. After speaking with her parents, Vincent called the Nassau County Police. T. 151.

Megan Carroll testified that she saw Vincent and Crowley talking to each other at the park the night before the incident. T. 450-51, 459. Carroll saw Vincent drink two beers within the course of an hour at the park. T. 450. The next day, around twelve noon, Carroll received a phone call from Vincent. T. 453. She went to Vincent's room and observed that Vincent was very upset and had been crying. T. 453. Vincent told Carroll why she was upset. T. 453.

Sometime later, the two went to the vending machines to get coffee, where they ran into Crowley. T. 454. Vincent acted surprised to see him and put her hands up. T. 454. Vincent told Crowley that everything was fine. T. 455. Crowley told Vincent that he was sorry about the previous night, that he did not know what had gotten into him that caused him to do what he did, but did not state what he was sorry for. T. 455, 472. Crowley offered to pay for Vincent's copies. T. 455. Vincent again told Crowley that everything was fine. T. 455.

Later Sunday night, Carroll ran into Crowley. T. 456. Crowley asked her what was going on. T. 456. She told him that there was nothing she could do for him. T. 456. Crowley told Carroll that he "wouldn't normally do what [he had] done." T. 456. He said he could kill himself for what had happened. T. 456. Carroll told him that "drugs don't give you the excuse for you — what you did." T. 456, 943-44. Crowley told her he was just joking around, and asked if the police were involved. T. 457. Carroll told Crowley that the police were involved, and the conversation ended. T. 457.

Jennifer Bechtel testified that she was at Kings Point Park on Saturday, September 27, 1997, and drank four or five beers that night. T. 501, 503. She saw Francis Crowley at the park and engaged in small talk with him. T. 504. Crowley was with Bill Hardesy. T. 504. While she was talking with Crowley, he pulled a zip lock bag from his pocket and showed her some marijuana. T. 505. Crowley handed the bag to Hardesy. T. 505. Hardesy then put some marijuana in a pipe and smoked it. T. 505-06. Bechtel took two puffs of marijuana. T. 506. Crowley asked her if she wanted to go to a club and she said no. T. 506. She later left the park and returned to campus. T. 507. Bechtel never saw Crowley smoke marijuana in her presence that night. T. 551-52.

Bechtel returned to her room and got ready for bed around 11:00 p.m. T. 509. Vincent was in the room at the time. T. 509. Bechtel testified that she normally locks the door to the room, and that she locked it that night before going to bed. T. 509-10. A half-hour after Bechtel went to bed, Vincent's friend Diane Bonnar knocked on the door. T. 510-11. Bechtel answered the door, and then left the room for a few minutes. T. 511. When Bechtel returned, Bonnar was gone and Vincent was in bed. T. 511. Bechtel went back to bed, but did not lock the door. T. 511.

Later that night, Bechtel heard the door open and saw Francis Crowley in the room. T. 512. Crowley went to Vincent's bed and asked for Bechtel. T. 513. She heard Vincent tell Crowley that Bechtel was in the other bed. T. 513. Crowley went over to Bechtel's bed and climbed up on her desk. T. 513. He said to Bechtel, "let's go party, let's smoke some crack." T. 513. She said no. T. 514. Crowley asked her numerous times to go out, but she said no each time. T. 514. Bechtel finally told Crowley that she had to get up early and to leave her alone. T. 515. She pulled the blanket up over her head and rolled over towards the wall. T. 515.

Bechtel then heard conversation between Vincent and Crowley. T. 517. She heard the door open and looked over to see Crowley and Vincent leaving the room. T. 517. She was not able to hear anything that occurred in the hallway. T. 517. Vincent was outside the room for "a while" before she returned. T. 518. Bechtel heard the door open again and looked over to see Crowley again enter the room. T. 519. She heard Vincent and Crowley speaking; Crowley was asking Vincent to go party and smoke crack. T. 519. The first time that Crowley asked Vincent to party and smoke crack with him, Bechtel heard Vincent say "no" with a laugh in her voice. T. 541. Crowley made this request a few times, and Vincent refused each time. T. 519. Bechtel heard Vincent's bed creaking the entire time. T. 520.

At one point Bechtel heard Vincent say "no," and heard her tell Crowley that she had to study, and to leave. T. 520. Sometime later, Bechtel again heard the door open, and when she looked over she saw Valjato enter the room. T. 520. She heard Valjato climb up on Vincent's desk. T. 520. Bechtel heard Valjato ask Vincent a few times if he could go down on her. T. 521. She heard Vincent say "no" each time he asked. T. 521. Bechtel also heard Valjato tell Vincent that he had a tongue ring. T. 521. Valjato spoke in a normal speaking voice. T. 521. While Valjato was asking to go down on Vincent, Bechtel heard Crowley say, "come on, let him do it." T. 521. Although she could not hear everything, Bechtel heard Vincent say no a couple of times. T. 522. The bed was creaking loudly. T. 522. Valjato's voice got louder and he continued to ask Vincent to let him go down on her. T. 522. This conversation lasted quite some time. T. 523. Bechtel decided to stay in bed. T. 523.

Eventually, Bechtel heard Valjato loudly tell Vincent that she better not tell anybody or he would come and find her. T. 524. She then saw Crowley and Valjato leave the room. T. 524-25. However, Crowley entered the room a third time. T. 525. Bechtel heard the door open and looked over to see Crowley. T. 525. Valjato was not with him. T. 525. Bechtel heard Crowley tell Vincent that Valjato was really mad. T. 525. She could not hear much of what they were saying. T. 525. Shortly after he re-entered the room, Crowley left. T. 525. Bechtel did not hear Vincent crying or make any other remark to her at that time. T. 545.

Bechtel was not frightened by the fact that the defendants were in the room. T. 559. It never crossed her mind that anyone was "molesting [her] roommate in any frame, in any way, shape or form." T. 567. Bechtel was annoyed by the fact that Crowley and Valjato were in the room for so long, T. 567, but was not alarmed by that fact. T. 568. Bechtel thought Vincent could take care of herself and did not think there was any reason to help. T. 576.

Bechtel went to sleep and awoke at 7:00 a.m. T. 526. Vincent was in the room, but they did not speak. T. 526. Bechtel returned to the room at 5:00 p.m. that day, and noticed that Vincent had been crying. T. 526. The two had a brief conversation about what had happened earlier that morning with Crowley. T. 526. Vincent asked Bechtel if she knew what happened. T. 546. Bechtel told her that two guys came into the room, they were annoying and she tried to sleep. T. 546. Vincent talked about pressing charges. T. 539. Bechtel testified that Vincent wanted to make sure that what Bechtel was saying about the incident was similar to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.