People v. Pell CA4/2

FACTS

A. The Incident

On June 16, 2014, Jane Doe, who was 20 years old at the time, attended a pool

party at a friend’s house. Pell also attended the party. Doe’s friends knew him from a

local college baseball team, but they had never spoken to him. Pell repeatedly told Doe

how attractive she was over the course of the night.

3 By early evening, Doe was noticeably intoxicated. She had consumed nearly half

the bottle of whiskey she brought with her. Her friends Katie K. and Jennifer R. noticed

she was stumbling and slurring her words, so they gave her water and took her to lie

down in their friend’s bedroom. Katie and Jennifer returned to check on Doe three or four

times, about every 15 minutes. They noticed during one checkup that Doe had vomited

into the trash can they placed near the bed.

When they returned again later, they found the bedroom door locked. They

managed to get the door unlocked, and inside Jennifer found Pell kneeling on the bed

with his boxers around his ankles in front of Doe, who was lying flat on her back, naked

from the waist down. Jennifer said Pell appeared to be thrusting inside Doe. Jennifer

started yelling Doe’s name, but she didn’t…