Trial Underway For FIU Student Accused Of Sexual Assault
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MIAMI (CBSMiami) – Trial got underway Tuesday for a Florida International University student accused of sexually assaulting another student at dormitory last year.
During opening statements, the prosecution said their case would center on 21-year-old Brandon Allen's DNA being found on a shirt.
And there were some strong words from the prosecutor, who called Allen a criminal who violated the victim.
Allen's attorney stated that it was consensual and the woman brought charges to hide the fact that she was cheating on her boyfriend who also belonged to the same fraternity as Allen.
The first witness to take the stand for the state was Nicole Wasieleski, a friend of the woman.
She testified that she received a call around 3 a.m. shortly after the April 26th incident.
Wasieleski said when she asked what was wrong, her friend didn't answer right way and insisted on taking a shower.
"I had to walk her to her dorm after that. She was afraid of running into Brandon or some of his friends," said Wasieleski who added that she had to walk her to most places around campus. "She didn't want to be out on her own."
FIU police officer Ralph Torres testified that he was sent to the Lakeview Dormitory to gather evidence. He said his job was to take photographs of the scene; he photographed her dorm room and the clothes she wore when the alleged incident took place.
Torres said she "looked distraught, nervous, maybe jittery."
The 21-year-old victim in the case also took the stand.
"He came into my room and asked for a hug," the woman recalled.
As the all-female jury took notes, and Allen listened, the FIU student explained she never thought anything bad would happen to her when she allowed Allen in to her dorm room.
"We had mutual friends and did not expect anything to be weird," she said.
But she says the acts escalated, leaving her with these bruises on her neck.
"Just sat down next to him and he tried to kiss me and I backed away," she said. "So I told him to stop and he pushed his body on me and I tried to push him away and I was trapped."
The memory prompts emotion.
"So he was trying to kiss my neck and stuff and I tried to stop it and he kept covering my mouth and holding me down and he pinned my neck ad trapped me," she explained.
She says she told Allen to stop five times.
"He kept trying to kiss me and then he touched my breasts," she said.
She then said Allen tried to put his hands down her pants and they kept struggling.
"If I tried to talk, he kept holding my mouth and kissing my mouth," she said.
She was able to get free.
"He was sucking on my chest and I made some movement and started crying," she said.
Prosecutors said during the assault Allen left DNA on the pajamas the victim was wearing and a bed sheet.
The woman also said Allen said, "…the last time we hung out you got your way. This time I got my way."
When a defense attorney asked her why she did not yell when she was being assaulted, she broke down.
"Like I said, I was embarrassed because my roommate was there and we didn't get along and I didn't want her to know this happened. I was embarrassed," she said crying.
But Allen testified everything was consensual.
"I'm sitting on the edge of the bed and she walked toward me and stood in between my legs. I asked her for a hug and she came closer and then we had a kiss. That's when sat down on the side of me," he said.
Allen faces charges including false imprisonment and battery. If convicted for the false imprisonment felony, he could face up to five years in prison.
The trial is expected to take several days.