Bert Sperling '00 -- whose roommate alleged he was mistreated by Safety and Security and a Hanover Police officer Jan. 31 -- was arrested Saturday for unlawful possession of alcohol found in his room in French Hall the night of the alleged incident.
Sperling was given a citation by Safety and Security on Jan. 31, at the time of the incident, for the same charge. Safety and Security officers found empty beer cans on the floor and beer cans in the refrigerator of his three-room double when they came to investigate a noise complaint around midnight that evening.
Sperling turned himself into the Hanover Police this past Saturday after he was advised of police plans to charge him with unlawful possession of alcoholic beverages by a minor.
Sperling previously told The Dartmouth the beer was left over from a birthday party he threw for himself earlier in the evening.
Sperling paid $20 bail and is scheduled to appear in Lebanon District Court on Mar. 10 to answer the charge.
Sperling said in an interview last night that he will plead not guilty to the charge and hopes that the judge will be lenient "in light of my circumstances."
Sperling's roommate, Brian de Moya '00, alleges he was assaulted by a Hanover police officer called to the scene by the Safety and Security officers. De Moya told The Dartmouth last Wednesday he had a bruise on his upper right eye socket from being thrown into a wall by the police officer, as well as cuts and other bruises.
De Moya said Hanover Police Chief Nick Giaconne told him Wednesday evening that he is "not going to be charged with anything."
De Moya said he attempted to leave their third-floor room after Safety and Security arrived that night but was confronted on the second floor by the Hanover Police officer.
Sperling said after the Hanover Police officer handcuffed de Moya on the second floor, he came back upstairs to the third floor to talk to Sperling.
Sperling said the officer asked him to come downstairs to talk to de Moya, who was upset.
De Moya detailed his story in a BlitzMail message that circulated to more than 500 students last week. The message included de Moya's official written response to a Safety and Security investigation of the incident.
De Moya's official response said he was threatened and taunted by Safety and Security officers, one of whom attempted to detain him. Then, de Moya alleges, he was handcuffed, manhandled and taunted, then brought to the police station. There, he wrote, he voluntarily took a breathalyzer test to prove he had not been drinking and blew a .000 blood alcohol content.
Dean of the College Lee Pelton called Thursday for a panel to investigate de Moya's allegations. That panel will be chaired by Ozzie Harris, associate director of Affirmative Action and Equal Opportunity.
Pelton said Harris was chosen to lead the panel because he is well respected in the College community and has previous experience conducting fact-finding studies.
Harris will select an administrator not connected to the dean of the College office, a member of the faculty and a student to serve on the four-member investigative panel.
Harris said Thursday he hopes to have the panel's investigation underway by the beginning of next week and report the panel's findings during the week of Feb. 16, at which time Pelton will decide what action, if any, to take.
Harris said the fact-finding panel will look at the information and interview everyone involved before making recommendations.
