Daniel Francis Kelly, Jr. - Page 5




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               When the group arrived at the hotel room, Ms. Gavirati                 
          decided she would go home and called a taxi to take her home.               
          Just prior to Ms. Gavirati leaving the room, Ms. Doe began                  
          calling out for Ms. Johnson to come and talk to her.  Ms.                   
          Gavirati paid little attention to Ms. Doe because she thought Ms.           
          Doe was upset because of her intoxication.  Ms. Gavirati left               
          without seeing Ms. Doe.  When Ms. Johnson entered the bedroom,              
          Ms. Doe was crying hysterically and kept saying "I thought you              
          were him coming back".  After further inquiries from Ms. Johnson,           
          Ms. Doe replied that, sometime after petitioner and Ms. Johnson             
          left the hotel room, Ms. Doe thought she heard the door to the              
          room open and close.  Ms. Doe explained further that she then               
          groggily awakened to find petitioner hovering over her.  Ms. Doe            
          detailed acts of sexual assault and rape that she alleges                   
          petitioner perpetrated on her.  Ms. Doe stated that she tried to            
          scream and kick petitioner but he completely overpowered her.3              
          Ms. Doe stated that she wanted to get out of that room                      
          immediately, and Ms. Johnson agreed.                                        
               Ms. Johnson informed her new-found friends that they were              
          all going to leave the room and asked them for a ride to her car,           
          which had been left in the parking lot at the Sports Club.  The             
          friends took Ms. Johnson and Ms. Doe to their car.  Ms. Johnson             
          drove home and immediately called the police to report the                  


          3                                                                           
               Ms. Doe was approximately 5 feet 2 inches tall and weighed             
          96 pounds.  Petitioner, on the other hand, was approximately 5              
          feet 10 inches tall and weighed about 260 pounds.                           

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Last modified: May 25, 2011