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Fahy was not arrested

Fahy was not arrested

By Andrea Lamberti

A Dec. 9 Boston Police report incorrectly stated that Thomas M. Fahy '91 was arrested that day in connection with an MIT sophomore's allegations that he raped her, Detective George Noonan of the Boston Police said yesterday.

"[Fahy] was not arrested at that time for that incident," Noonan said. "Whoever wrote the [Boston Police] informational services news report was wrong," he added.

Due to the erroneous report, The Tech reported earlier this year that Fahy was arrested ["SAE awaits rape response," Jan. 16].

The police report said the woman "stated that she had attended a party at 484 Beacon St.," home of Sigma Alpha Epsilon.

The report continued, "Victim stated that she was raped at that address. . . . Boston Police subsequently arrested Thomas Fahy. He is scheduled for a hearing in Boston Municipal Court on Feb. 15."

Fahy's lawyer, Bruce McDonald, said a clerk's magistrate hearing is scheduled for Friday to determine whether or not a criminal complaint -- which is necessary to arrest someone -- should be issued.

The woman "has alleged [that Fahy raped her]. No criminal charges have been brought yet," McDonald said.

"If a complaint is issued, [they'll] send him a summons to appear" in court, he'll be arraigned, and a probable-cause hearing or conference will then be scheduled, McDonald said. These steps are part of the process to determine if the case should go to trial.

If the judge finds probable cause to go to trial, a grand jury indictment would probably be necessary, McDonald said.

McDonald said, "I have no doubt that if it went to a trial that [Fahy]'d be acquitted. It'd be a tragedy if it ever went that far."

The rape allegedly occurred at SAE's Christmas party Dec. 8. A close friend of the woman said that alcohol affected the turn of events that night, and that if the woman were not drunk, the incident would not have happened.

McDonald has disputed that the claim that the alleged victim was drunk. Based on interviews with male and female witnesses, he said, "The woman was not drunk. . . . [There is] no indication that this woman was doing anything against her will. All evidence points to the fact that she was the aggressor."