Prosecution says Casatelli raped sleeping student

Franklin Casatelli

Franklin Casatelli

ALBANY — Franklin Casatelli’s expression gave nothing away as he listened to one witness after another testify on the first day of his rape trial before Judge Thomas Breslin in Albany County Supreme Court on Tuesday. He looked placid and mildly interested throughout.

Casatelli, 25 at the time of his arrest a year ago and living in Guilderland, is accused of entering a dormitory tower at the University at Albany last October, slipping into the bedroom of a young woman he didn’t know, and raping her as she slept.

The young woman called 9-1-1 after her attacker left, saying that she had awoken to find a stranger on top of her, Shannon Sarfoh, bureau chief of the Special Victims Unit of the Albany County District Attorney’s Office, told the jury of five men and seven women in her opening statement. The jury’s two alternates are men.

The jury was selected on Monday and the case is expected to go to the jury Thursday or Friday.

The Enterprise does not name the victims of sex crimes.

Casatelli is charged with four felonies and a misdemeanor. The felonies are: first-degree rape, second-degree burglary as a sexually motivated felony, second-degree attempted burglary, and second-degree attempted burglary as a sexually motivated felony. He is also charged with third-degree criminal trespass, a misdemeanor.

During jury selection, the questions asked of potential jurors by Casatelli’s lawyer, James Tyner, included whether they believed people sometimes made up allegations or sometimes shifted blame to get out of a dicey situation. He also asked them what someone who was being raped might be expected to do if a roommate was sleeping just feet away in another bed.

In his brief opening statement, Tyner presented no alternative version of the events and told the jury that the burden of proof rested with the prosecution. “Those of us at this table have no obligation to do anything — cross witnesses, present any evidence,” he said. “The prosecution is the sole party that must present any evidence.”

Tyner asked jurors to “listen to the inconsistencies that will be offered to you, and the way they are attempted to be explained away.”

When Sarfoh addressed the jury on Tuesday, she described what the victim did on Oct. 22, in the hours before she said she was raped. She attended a house party with her roommate and another young woman, where she drank alcohol and threw up — once at the party, and once after all three had caught the city bus back to UAlbany. She and her roommate went to sleep soon after arriving back at the dorm.

Sarfoh described for the jurors what it was like for the victim at about 3:50 a.m. on Oct. 23. She was disoriented and wondered if she was dreaming, Sarfoh said. The student, a sophomore at the time, soon realized that someone was penetrating her vaginally, Sarfoh said. But who?

She becomes still more awake and realizes it’s a complete stranger, Sarfoh said, and tells him to get off her.

His response, the attorney said, was to say, “I thought you were enjoying it. Come on. Can’t I just finish?”

She tells him again to stop, Sarfoh said, and he does.

She tries not to look at him too much as he tells her that he has just gotten out of prison, Sarfoh said.

She wakes her roommate, still sleeping in the next bed, then calls a friend from home before calling 9-1-1, Sarfoh said.

“You’ll hear that call,” Sarfoh says, referring to the 9-1-1 call. “You’ll have a chance to decide the veracity of what is said.”

Jurors then heard that university police came to the room and interviewed the student, then went to look for a suspect while she went to Albany Medical Center and had specimens taken for a rape kit.

By comparing surveillance video and swipe-card records — the outside doors to the dorms are locked and are opened by swiping a student identification card — police were able to identify a suspect, Sarfoh said.

Casatelli was seen by and spoke with many people that night, Sarfoh said.

The jury heard testimony from a different young woman, Ashley Folkes, who lived in the same quad and who had gone downstairs to pick up an order from Domino’s Pizza a little before 3 that morning. She described a man who was standing around outside as she propped open the door and signed for her order, and who then followed her inside the building.

In the first-floor lobby, Folkes said, he spoke to her, asking if he could join her for pizza, to which she responded that she was having a quiet girls’ evening with her roommate. “I don’t want to fuck you or anything,” he said to her, Folkes recalled. He asked her name, and she gave him a fake name, she said.

He asked her if she “smoked weed,” and followed her in the stairwell up to her room on the second floor. She banged on her own door and, when her roommate opened it, she rushed in and the women slammed the door on him, Folkes said on the witness stand.

He stayed outside the door for several minutes, Folkes said, knocking on it and saying, “Can I come in?” After a while, he started asking if he could just come in to charge his phone, she said.

She “felt a little threatened” and thought it was “kind of weird,” but didn’t call the police, Folkes said.

The next morning, she and her roommate awoke to emailed alerts from the university police about an attack that had allegedly happened in a different building in that same quad at a little before 4 that morning. The police description of the man matched the person who had followed her to her door, Folkes said, so she immediately called university police.

Folkes’s roommate at the time, Jenny Dhoumo, also testified, saying she had gotten a good look at the man as he had stood behind Folkes in the hall and tried to look into their suite. She described his “large black oversized hoodie or sweater” and his stubbly facial hair and buzzcut and said he was a little shorter than her roommate, who she said is about 5 feet, 9 inches. She also went to talk with police that morning.

Less than 12 hours after the alleged attack, police had arrested Franklin Casatelli and sent out another alert to all students.

Dhoumo received that alert, saw the name, and looked him up on social media. She said on the stand that she found his profile, and “it was definitely the guy standing at the door behind Ashley. I’m good with faces, so I was certain it was him.”

Jurors also heard from Lundy Spinner, a junior at the time, who said she had been standing for a moment at her window on the second floor of another dorm in the early morning hours of Oct. 23 when a young man on the street below called up to her, saying his name was Frankie and asking if he could come upstairs and hang out. He asked if she wanted to smoke weed, she said.

She described him as wearing a black sweater and having a balding spot on his head. He kept saying to her, she said, “You’re Kristen, you’re Kristen, you were my girlfriend, don’t you remember me?”

Mark Anthony Flores, who is now a junior but a year ago was taking a semester off, told the jury he was on campus that day, visiting two friends. The three young men were outside smoking cigarettes when they were “randomly approached,” Flores said, by a man who started talking to them and who said his name was Frankie.

“It was pretty awkward from the beginning,” Flores said.

The man was about five-foot-eight, Flores said, and wearing jeans and “like a plaided flannel shirt, black-and-white.”

Frankie told the group that he had recently gotten out of jail, and that he he had been arrested while a student at UAlbany for having “like 400-plus pills that he was selling.” He told them, Flores said, that he lived in Guilderland and had gone to high school there; he said he was living with his mother.

He showed the young men his tattoos, Flores said, which Flores described in detail in a statement he made to police on Oct. 23.

Flores told the jury that Frankie told him and his friends he had just come back from the fourth floor of the tower in Dutch Quad where he had just been “fucking some girl he didn’t know, who looked like a past girlfriend, with a K or a C, Carly or something.” Frankie told them, Flores said, that she had been asleep when he started to have sex with her and that he had ejaculated on her stomach.

Frankie wanted the young men’s names and contact information, Flores said. They all gave fake names and didn’t give him any contact information, Flores said.

Casatelli’s lawyer, Tyner, had said at the outset, “The series of events do not make sense.” They do not, he said, “paint a picture of someone who is guilty.”

Corrected on Dec. 7, 2017. The defendant's name is Franklin Casatelli.

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