Rape Trial of Ramapo College Students Christian Lopez and Nakeem Gardner Postponed From Now, Until April, 2018

Federal Lawsuit Also Filed Against College, Administrators, Security and Accused

By Mary K. Miraglia

HACKENSACK, N.J. (May 22, 2017) Trial in the Ramapo College rape case of two men accused of sexually assaulting a woman who was plied with alcohol at a fraternity party was put off Monday, May 22 until April 16, 2018.

The trial of Christian Lopez of Secaucus, 26, and Nakeem Gardner of Paterson, 20, was supposed to start Tuesday May 23, with jury selection. But defense attorney John Bruno of Bruno & Ferraro, Rutherford, has a medical emergency and isn’t available.

Bruno was not in court yesterday, but his associate John Latoracca and son Jonathan Bruno were. Latoracca told Judge James J. Guida he is not available in September, Guida’s next suggested date, because he is representing Michael Marrarra Jr. in a murder trial scheduled for that month.

Marrarra’s infant son died in June 2012, and he was indicted a year later, June 2013, making his case the oldest homicide currently on the Bergen Court docket.

December and January dates were also discussed and discarded, and April of next year was finally settled on.

“This is a firm date,” Guida promised. “There are uncontrollable circumstances, but no other trial will take precedence over this one.”

The victim, who was sitting in the courtroom with family and friends, was visibly distressed at the delay, repeatedly putting her head in her hands. However, ultimately she appeared to accept the postponement was necessary.

Lopez and Gardner are accused of raping the incapacitated 19-year old woman Nov. 14, 2014 after Lopez carried her out of the campus’ Pi Kappa Alpha fraternity house, into a car, and across the campus to a dormitory where he had a key to a room. Much of this activity was recorded on campus security cameras. John L. Molinelli, prosecutor at the time of the arrests, said the woman was shown in the security videos as “highly intoxicated and obviously unable to consent to sexual activity.”

The fraternity members had allegedly gone to elaborate measures to lure female students to the house for a “Date Night” party where they had planned ahead of time to get women drunk for the purpose of assaulting them. A federal lawsuit filed by the woman and her family last October say two male students stood in a hallway outside the bedroom where the woman was incapacitated and played “rock, paper scissors” to decide which one would rape her.

Prosecutors say Lopez raped the student, then came into the hallway and asked if anyone else wanted a turn. Gardner was in the hall with others taking video. He is accused of raping her next, while three other students videotaped her undressed.

The suit alleges school officials displayed “deliberate indifference” toward underage drinking and sexual violence on campus and failed to prevent the sexual attack. She “was obviously in a condition in which she could not protect herself and was otherwise extremely vulnerable, across Campus, on Campus roads and through a number of Campus security checkpoints,” according to the lawsuit.

The three students who took video of the victim are charged separately with failing to aid the victim and for videotaping her while she was naked. They are Christopher Rainone and Justin Sommers, both of Staten Island and Wayne native Jordyn Massood, all 20 at the time.

Assistant Bergen County Prosecutor Kristin DeMarco pointed out the trial will now be nearly four years from the date of the sexual assault. All parties will be back in court Sept. 18 for a final pretrial hearing.

All persons are presumed innocent less proven guilty in a court of law.