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Assault case against Scarlett dismissed

March 15, 2009

The case against former ASMSU official Nigel Scarlett, accusing him of sexually assaulting a woman on campus last year, was dismissed Tuesday, court officials said.

Officials in Judge Paula Manderfield’s office at the Ingham County Courthouse said there was not enough evidence from the prosecution’s expert witness to go to trial.

The trial was scheduled to begin today after being delayed for months.

Scarlett was charged with two counts of third-degree criminal sexual conduct after a reported Feb. 24, 2008, assault in South Hubbard Hall.

One week after his arrest, Scarlett resigned as ASMSU Student Assembly vice chairperson for external affairs.

ASMSU is MSU’s undergraduate student government.

Third-degree criminal sexual conduct is a felony offense involving sexual penetration when the defendant knows or has a reason to believe the victim is physically helpless. The crime carries a maximum sentence of 15 years in prison.

Patrick Eagen, Scarlett’s attorney, last year told The State News he did not believe the prosecution had enough evidence to prove that a sexual encounter between Scarlett and his accuser was not consensual.

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