Franklin Casatelli indicted for October UAlbany rape
GUILDERLAND — The man accused of raping a sleeping student in her University at Albany dormitory room in October pleaded not guilty at his arraignment in Albany County Court Wednesday.
Attorney James Tyner entered the plea on behalf of Franklin Casatelli of McKownville, 25, who had been indicted by a grand jury on Monday for the rape that occurred on Oct. 23. The arraignment was before Judge William A. Carter.
Tyner told The Enterprise outside the courtroom afterward that cases involving “serious and salacious” allegations are usually “run right to the grand jury.” But, he said, that same process has taken two months. “I don’t know what that means in terms of the quality of their proof,” he said.
Tyner also said, “My own personal investigation has revealed information quite different from what the district attorney’s office and the police have alleged.”
The accusatory instrument filed in October with the city’s criminal court alleged that, when the student victim awoke and told Casatelli to stop, he said to her, “Let me finish.”
Casatelli is charged with four felonies and a misdemeanor.
The charges against him 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; and third-degree criminal trespass, a misdemeanor.
The indictment alleges that, in the early-morning hours of Oct. 23, Casatelli unlawfully entered a student suite at UAlbany’s Dutch Quad dormitory and raped a sleeping female student who awoke during the assault.
The indictment also alleges that Casatelli attempted to enter another Dutch Quad suite with intent to commit a crime.
The charge of burglary, in this case, explained Deputy Chief Aran Mull of the New York State University Police at Albany earlier, means that Casatelli is alleged to have entered and remained in the building without having legitimate reason to be there and with the intent to commit a crime.
Mull told The Enterprise at the time of Casatelli’s arrest that investigators used evidence from swipe cards and video cameras, as well as interviews with possible witnesses, to establish the identity of their suspect. Casatelli was arrested less than 12 hours after the rape occurred.
The indictment also alleges that he tried to enter another residential suite in the same dormitory, with the intent of committing a crime there.
The case is being prosecuted by Special Victims Unit Bureau Chief Shannon K. Sarfoh.
Casatelli, whose case will be heard by Judge Thomas Breslin, was remanded to Albany County’s jail without bail.