U.S. v. Crowley

• Decision Date: 13 December 1999
• Docket Number: No. 99-CR-0050 JS.,99-CR-0050 JS.
• Parties: UNITED STATES of America, v. Francis CROWLEY and Steven Valjato, Defendants.
• Court: U.S. District Court — Eastern District of New York

79 F.Supp.2d 138

UNITED STATES of America, v. Francis CROWLEY and Steven Valjato, Defendants.

No. 99-CR-0050 JS.

United States District Court, E.D. New York.

December 13, 1999.

COPYRIGHT MATERIAL OMITTED

Debra D. Newman, Asst. United States Attorney, Garden City, NY, for the United States.

Edward M. Shaw, New York City, for defendant Francis Crowley.

Thomas F. Liotti, Garden City, NY, for defendant Steven Valjato.

MEMORANDUM & DECISION

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 part.

BACKGROUND

A. THE STATUTES

Count One of the indictment¹ 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 indictment² 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);³ while Count Four charged them with abusive sexual contact in violation of 18 U.S.C. § 2244(a)(2).⁴

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,⁵ 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 Academy 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. 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 reentered 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.

Crowley then walked toward Vincent's bed. T. 86, 292. He stood on the chair directly below her bed. T. 86. Crowley said to Vincent, "we have a problem here." T. 86. Vincent got down from her bed and went over to the door....