Sexual Assault Charges Dismissed
Student Sexual Assault Case Judged Inconclusive Insufficient Evidence Against Students Accused of Rape
by Zachary Pretzer

In response to charges of rape brought against two Oberlin College students on Sept. 25, a preliminary hearing was held at the Oberlin Municipal Court on Wednesday morning. It was determined that there was not sufficient evidence to take the case to the Lorain Country Grand Jury.
The post-hearing statement issued by the Court read as follows: “Preliminary hearing held. Evidence presented by prosecutor and defense. Upon the evidence, the Court finds no probable cause to believe that an offense has been committed herein. Case dismissed. Defendant discharged.”
The prosecutor, Scott Serazin, told the Court in his opening statement that his client had, following a party, been held against her will in Eremic’s room by both of the defendats and forced to perform sexual acts. The purpose of the preliminary hearing was not only to examine all of the relevant evidence in the case but also to determine whether physical force was used.
The trial consisted of six hours of testimonies by three witnesses and the plaintiff, a female College sophomore.
“From all the evidence I have observed, I don’t think there are too many young men who would have interpreted her actions in any way other than these two young men did,” presiding Municipal Court Judge Martin Heberling said.
The actions Heberling referred to were revealed in cross–examination by Tomasevic’s attorney, James Burge. In the initial examination of the plaintiff, it came to light that that she and the defendant had discussed sex with Tomasevic Sept. 21, the night when the incident allegedly occurred.
The defense’s two witnesses testified that throughout the evening the plantiff had mentioned to them that she wished to “hook up” with Tomasevic and chose to stay in his room in Langston Hall after the two witnesses decided to leave.

Before a lunch recess the plaintiff stated that she had been flirting with Tomasevic at the party and that she found him attractive. When the trial was resumed after lunch, Tomasevic and Eremic’s councils made a movement for the case to be dropped based on what they claimed was a lack of evidence due to the sole plantiff testimony. The prosecutor argued, however, that there was evidence in the plaintiff’s favor and it was necessary for the testimonies of the witnesses to be heard. The hearing continued.

After a short recess, Judge Heberling stated that through thetestimony of the plaintiff and the witnesses, absolutely no evidence was provided to show that the defendants performed an act of rape. He indicated that under normal circumstances a preliminary hearing doesn’t necessarily facilitate a trial-like atmosphere, but felt that in this situation the trial had already been held in the Oberlin courtroom and there was no reason for the case to go on any further.

On Sept. 25, Eremic and Tomasevic were arrested and taken to the Oberlin courthouse for the charges which were brought against them. From there, they were later sent to the Lorain Country Jail. The students were released two days later on bond, and were subsequently suspended from school, in accordance with Oberlin’s sexual offense policy.

The preliminary hearing was initially scheduled for Oct. 10, but the first prosecutor who was assigned to the case, Oberlin College professor of sociology James Walsh, stepped down on the day of the hearing due to a conflict of interest.

Currently, Eremic and Tomasevic are still awaiting reinstatement to Oberlin College. How quickly they can return to campus depends upon the manner in which the administration handles the issue.
November 2
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