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his employment or with a valid business purpose but, rather, were
carried out for petitioner's personal purposes.
Petitioner admitted that, after he dropped Ms. Johnson off
at the Sports Club, he returned to the hotel room where Ms. Doe
was sleeping. He contends he returned out of fear for Ms. Doe's
severely intoxicated condition because many years earlier, while
on active duty in the U.S. military, a fellow soldier passed out
from intoxication and later choked to death. Petitioner feared
the same consequence for Ms. Doe and contends he returned to the
room for that reason and also to protect GBC from any liability
resulting from such an injury to Ms. Doe. Petitioner further
contends that, at the time he and Ms. Johnson left Ms. Doe in the
room initially, Ms. Doe asked that petitioner return later to
check on her.
Petitioner's version of his return to the hotel room differs
somewhat from that of Ms. Doe. Petitioner contends that he
returned to the hotel room without a key, and, when he knocked on
the door, Ms. Doe answered in a stable and coherent condition and
invited petitioner in. Petitioner contends further that, upon
his entry to the room, Ms. Doe closed the door and started
kissing and groping him. Petitioner admits reciprocating Ms.
Doe's advances only briefly and then pushed her away because Ms.
Doe's friends would be back any minute, and, furthermore, he had
a business meeting early in the morning and needed to go home and
rest. Petitioner contends he left the hotel room and proceeded
directly to his home.
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