Attempted rape charge dropped in assault case

Attempted rape charges filed against the Penn Jersey Window Cleaning employee who is accused of indecently assaulting a graduate student in her high rise dormitory room earlier this year were dropped yesterday.

Marshall Thompson still faces charges of burglary, which is a felony, along with criminal trespass, unlawful restraint, indecent assault and simple assault.

At a preliminary hearing yesterday at the Criminal Justice Center, Assistant District Attorney Rich DeSipio disputed the decision to drop the attempted rape charge.

"I disagree with the attempted rape" dismissal, he said. "I think his intent was obviously there."

Despite the change in charges, a judge confirmed that there is enough evidence against Thompson to warrant a trial.

Both Thompson and the victim were present at yesterday's proceedings. The victim testified that Thompson, who was an employee of a company that had been subcontracted by the University, entered her Hamilton College House dormitory room without her permission on Aug. 27. She had been washing dishes at the time, with her back turned to him. He allegedly grabbed her shoulders and pressed the front of his body against her back.

The victim said at that point she screamed, and Thompson ran out of the room. She and her boyfriend, who was also in the apartment at the time, followed Thompson into the building's stairwell. The victim then entered another room to call the police, and Thompson was arrested in the lobby.

During the testimony, Thompson held his head in his hands, body shaking, and could be seen wiping his eyes.

Although following the incident University Police indicated that Thompson only had permission to be on the lobby floor of Hamilton, the defense contends that he was indeed allowed to enter the student's room.

"When the maintenance people are working on floors where there are no public bathrooms, they are permitted to use the dorm [room's bathrooms] and also permitted to eat in the dorms," said Defense Attorney Michael Contos, who is a member of the Defender's Association's Special Defense Unit. "I am pretty confident that once we bring in the person who has the contract agreement that they will point [this] out... and [confirm the burglary charge] is a mistake."

Before entering, however, employees are supposed to knock and identify themselves, which the victim contended Thompson did not do, DeSipio said.

Thompson is now awaiting his arraignment on Dec. 4, at which he will enter a plea and an official trial date will be established. He is currently being held on $15,000 bail and is prohibited from contacting the victim.

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