Student to be tried for sexual misconduct

Under a ruling handed down by Washtenaw County District Court Judge John Collins at an April 22 preliminary hearing, LSA first-year student Steve Nadel will be tried on two counts of fourth degree criminal sexual conduct.

The charges stem from an incident that allegedly took place in a South Quad Residence Hall room on Feb. 13. The court found that the prosecution showed "probable cause" for a trial.

The alleged victim said that at approximately 7:30 a.m. on Feb. 13, she awoke to find a man in her bed, fondling her breasts and penetrating her genital area with his fingers through the fabric of her shorts. She said she did not initially know the man was Nadel.

"After I woke up I repositioned my legs so he wouldn't be able to penetrate me anymore," she said. The assault "stopped for a moment but then the fondling of breasts started again."

The alleged victim said she pretended to be asleep because she was frightened.

"I didn't know who the person was, how dangerous they were ... I was scared I'd be raped," she said.

The alleged victim said the sexual assault continued for approximately 30 minutes until her alarm went off.

Nadel's lawyer Douglas Mulkoff pointed out that the alleged victim never told Nadel "no," and that he had not done anything against her will. The alleged victim said she didn't talk to anyone about the incident until February 18.

There is "no testimony to show at the time of the incident she wasn't consenting," Mulkoff said. "He wasn't given a fair warning of what can or can't be done."

The alleged victim said she was in the company of Nadel between 7 and 8 p.m. the previous evening, when he came to her room asking for help with homework.

The alleged victim said she has never been romantically involved with Nadel, but said she did take him to a sorority party on February 6, 1998. The alleged victim said the only physical contact that took place between 8 p.m. and 3 a.m. was a massage. She said Nadel left at 3 a.m. and returned to her room at 3:30 a.m.

"He came to my room and asked if he could come in for a half-an-hour because his roommate was on the phone with his girlfriend," the alleged victim said. She said she told him "no," and denied his continued requests.

When Nadel said he would lie outside in the hall until morning, the alleged victim relented to let him sit in a chair in her room, but told him he had to leave within 30 minutes.

The prosecution requested to have Nadel charged with third and fourth degree criminal sexual conduct. Third degree criminal sexual conduct entails penetration. Judge Collins said "he was not convinced there was penetration."

A trial date will be set on May 26.

05-05-98