The opinion of the court was delivered by: Seybert, District Judge.
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
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.
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.
Vincent left the park at around 9:30 or 10:00 p.m., and arrived
back at the Academy at around 10:30 p.m. T. 78. She left the park
with David Queally and Andrea Peer, catching a ride back to the
in Queally's car. T. 77. Peer, a freshman, was a member of
Vincent's volleyball team. T. 77, 73. Although Peer was a
first-year "plebe," and thus not permitted to socialize with
non-freshmen, she nevertheless had attended the party and had
socialized with a number of upperclassmen, including Vincent. T.
77, 78. Upon arriving at the Academy, Vincent took Peer to
Vincent's room, and attempted to find someone to help Peer return
to her own room, because Peer was very intoxicated. T. 78, 172.
After commending Peer to the care of two freshmen who lived on
Vincent's floor, Vincent returned to her room, which was located
in Palmer Hall. T. 78, 71.
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.
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.
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.
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,
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.
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
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.
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 ...