Phila. court drops charges in assault case

Three of the five Penn students accused of assaulting a Princeton debate team member in the Quadrangle in November had all charges against them dropped Friday in Philadelphia Municipal Court. The court reduced the charges of the other two students to misdemeanors and gave them the opportunity to complete a pre-probationary program after which their criminal records would be expunged. College freshman Philip Balderston, Wharton sophomore Tavraj Banga and College senior Steven Stolk had all charges against them dropped. College freshman David Hochfelder and College sophomore Thomas Bispham Jr. had the felony charges dropped and their misdemeanor charges voluntarily remanded to a pre-probationary program. The two of them will be back in court on March 7 to finalize the details of the plan. The Penn students were originally accused of assaulting Princeton debate team member John Brantl in November by pouring motor oil on him and threatening to light him on fire. They were all originally charged with a range of felonies and misdemeanors, including aggravated assault and recklessly endangering another person's life. Four of the five students appeared in court Friday dressed mainly in sport jackets and slacks, and seemed anxious to return to school and classes. One was even looking over his notes for an exam. The lone missing student was Hochfelder, who is in Utah for the semester, according to his lawyer. He is not currently enrolled in classes, according to the Office of the University Registrar. Attorneys for the defendants expressed content with the outcome. "We're happy about this," said Frank DeSimone, attorney for Banga. "We've maintained all along that he didn't do anything, he just stood there." Hochfelder and Bispham will participate in Accelerated Rehabilitative Disposition, a pre-probationary program for first-time, small offenders in order to avoid a criminal record. According to Stolk's attorney Jules Epstein, the ARD program is essentially a program of "pre-probation." Under these terms, the defendant does not plead guilty to any charges, but follows a court-ordered program for a designated length of time. If the defendant completes the program, the charges are dropped and his criminal record is wiped clean. If the defendant violates the agreement, the parties are back in court immediately to continue legal proceedings that could result in a criminal record, fines or time in jail. The criminal charges had more extensive implications for Banga and Stolk, who are international students. Over winter break, their lawyers recommended they not return to their native countries, India and the Netherlands, respectively, for fear of the Immigration and Naturalization Service denying them re-entry upon return to the U.S. The international students will receive a "short certificate" which, DeSimone said, is a document they can carry when traveling from and returning to the U.S. The official court document proves they are no longer involved in any criminal processes, despite what INS computers may otherwise say, and they have the right to enter the country with their student visas. "Everyone acted honorably in this case," DeSimone said. "From the DA's office to the Princeton student. He wasn't out to ruin anyone's life and allowed the kids to do ARD." Earlier this week, the Office of Student Conduct completed some of its investigations into the students, but director Michele Goldfarb declined to comment on whether Hochfelder's absence from campus was a result of OSC action. Assistant District Attorney Nathan Cohen, prosecuting attorney for this case, could not be reached for comment.