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| Universiy of Tennessee UT Police Department ‘CRIMINAL 1101 Cumbertand Avenue, Knoxville, TN, 37996 | PHONE: (865) 974-8631 FAX: (865) 974.4072 SS sri amenraar mae [aT SERRE RE x08 men TH ane are Serosou ts Snel Beery comer 8 ome Fe! Abrd ape eat remem cle le Reese een e PEs crows n i Tacomas Clowewow Coommanm avesromamo | Elven rennenwers Biwrcnaw Plomncwcmovco Flreraamecno Pomesiewince | Elvan’ (lnenmerone DD onesnecanions: Ol prvsicar sun Dis manacenenr Cl presioenr DD stvcenr conoucr Bowe Orne Boer wn Rie [tite wanna F ee ee | ee preere beenane—~aeaareetrspne eer - Home wom th A m4 vee Pr [ttter cweanwocnse [oem cf Efe -- | ere # { [Not Aftiianed rao -sarlr—or . ro ce lyon ce “ ro Te [Not Atiated iasoreee ce sate OF So Hove aaa Cpl. Greenlee recieved a call from Inv. Wardiow with the Knoxville Police department about a possible sexual assault that occurred at Vol Hall. Cpl. Greenlee and I went over to the KPD safety building and met Inv. Wardlow who gave us the details that he had obtained thus far on the case. | { [Bory BENLAMIN PACE, BAD oarnorzons os:13 aT ae TET ra fov27720%409.00 |PACIELLO, JLLAN [er Case 3:16-cv-00199 Document 22-3 Filed 02/24/16 Page 1 of 16 PagelD #: 1053 University of Tennessee UT Police Deparment Property case report ‘101 Cumberiand Avenue, Knoxvile, TN, 37996 ‘PHONE: (885) 974-6631 FAX: (865) 974-4072 utpolice@uik-edu ose* 130378 newer 13-04-06-020989 ‘orn DOTY, BENJAMIN are or neroRT 04092013 ‘che SEX OFFENSE Senual Battery Tee TROSERN TVS Golting, Shows Ele pROFERTVeTaTuR STORED. movemry# EVE S752, cums 4 vawue 0.00 uece: No Boundies aoe ‘cetcrIRTON. Pair of Blue Denim Shorts NOTES Item removed frm the evidence locker cn 05-10-13 by Cpl. Crum. Item photographed. Item stored sence STORED AT RECOVERY VALE nme noo srosco on evox arerowe o4/oe72018 00:00:00, Locanon Taken fom KPO investigator wwe” LANE, MARLIN A ‘hooness. 1525 Whe Avene Knoxvile Tennessee 37905 ose? T50S7E RaRNTe SATE ZOST ‘rem OOTY, BENTAMIN ‘aco ror 04/08/2013, (ane SEX OFFENSE Sexual Batory vane 2 PROPERTY The MISCELLANEOUSAlliona PROP STATUE STORED Not Listes pmosernve EVE 6762 ‘oumemy 3 wave 000 se woot. DESCATION Sheets White with blue dots ‘Comforter Black and blue Comforter Grey NOTES Itam removed from the evidence locker on 05-10-13 by Cpl. Crum, Item photographed. Ttem stored. senne sroweD RECOVER YALE 0 ‘are FON 04/0672013 0000-00 ecarow room 12238, RTT te LANE, MARLINA soORESS” 1525 White Avenue Knowile Tennessee 37096 aR ORTE AD Te TOD Case 3:16-cv-00199 Document 22-3 Filed 02/24/16 Page 2 of 16 PagelD #: 1054 University of Tennessee UT Police Department Property case report +1101 Gumberiand Avenue, Knoxville, TN, 37986 PHONE: (865) 974.6631 FAX: (865) 974.4072 utpolice@utkedu ease 130378 Nome 13-04.08-020359 lorcet DOTY, BENJAMIN ware or nePoRT 04092013 ‘cre SEX OFFENSE Senval Battery Toe > PROPERTY Gexval Asso Too KH PROWERTYETATS” STORED, pnoerve EVC 6762 fount 1 ‘vaue 000 DESCRIPTION. Sewal assault it # 13-086 NOTES Rem removed fom the evdence locker on 05-1013 by Cp. Crum, Item photographed Item stored. sera e sroneD AT RECOVERY vAE 0 Locxren ssault corer by Cpl. doty Case 3:16-cv-00199 Document 22-3 Filed 02/24/16 Page 3 of 16 PagelD #: 1055 [ University of Tennessee ] UT Police Department Supplement Case Repor 1101 Cumberiané Avenue, Knoxville, TN, 37886 PHONE: (865) 974-6631 FAX: (865) 974-4072 utpollce@utk edu | _ is0are care = SS as Suis sSUS WE AVE, 1290, consi, TNO7@EB [Socoonzess lewanersrere | ‘Sors-s047 805 Senval ater, Sex OFFENSE | S8Ssty aoe! Aton Race SL OFFENSE ‘On 4-9-13 Cpl. Greenlee and I went over to the KPD safety building and spoke with Inv. Wardlaw about a rape that occurred at Vol Hall. Inv. Wardlaw stated that he received a call from High Schoo! ‘SRO Sherill Selby who advised him that one of their student is alleging a sexual assault occurred in KPD jurisdiction. Ofe. Selby said that Ms Ispoke with a school counselor and told her what had happened and the counselor brought it forward to her. Inv, Wardlaw went to| High School and spoke Ofc. Selby and Ms. jabout what had happened. Ms tial statement to Inv. Wardlaw was that she went to a party on Saturday night/ early ‘Sunday morning (01:00- 02:50) at a house. She wasn't sure where it was but she told him that she went over a bridge with lights and stated that the house had two rooms. She advised that she felt tired and woke up in the room with two guy's one dark skinned and one light skinned African American males. She | said that the dark male tried to unbutton her pants but she told him “no”. | Inv, Wardlaw became skeptical about what she had said based on her description of the house and location she had given. He then asked her to tell him the truth. Ms.| jthen stated that she was at Vol hall in the apartment of Marlin Lane and Geraldo Orta. She advised thet she was there for a party with | | a few of her friends, Ms. @Band Ms, GP Ms. jstated that she had a previous sexual relationship with Mr, Orta on Friday night and that her cousin =: a previous relationship with Mr, Lane, She stated to Inv. Wardlaw that she had consumed some alcohol but was not drunk. She |told Inv. Wardlaw that she went back to Mr. Lane's bedroom with him and Mr. Orta and at some point Mr. | |Orta left the room. ‘Once Mr. Orta left the room Ms. QI advised that Mr. Lane began trying to force himself on her and hold her down trying to get her pants off. She told him “no” and tried to get up. Mr. Lane held her down and did not let her get up. She stated to Inv. Wardlaw that Mr, Lane then began to force her head toward his genitals, forcing her to perform oral sex. She then told Inv. Wardlaw that he pushed her down on the bed and took off her pants, He then started sexual intercourse with her. Ms. Sb that she told him “no” and repeatedly tried to get him to stop by turning away but that he held her down and told her “I bench press more than you.” Ms. Jadvised that at some point Mr. Lanier opened the door to the room and Mr. Lane told him to leave. Shortly after the interruption Mr. Lane finished and she was able to leave. Ms ‘found her friends and then left. She advised that she did say something to her friend, Ms. ‘about what had happened, She then advised her school counselor about what had transpired and that is where he came in, Inv. Wardlaw advised me that she did provide him with the pants that she was wearing the night of the lassault, He handed them over to us and we took possession of the item. He also said that a rape kit was done at Methodist Memorial Hospital in Anderson County. According Inv. Wardlaw the initial findings appeared to have some bruising in Ms. s genital area, He also advised that M: was unsure if Lane used a condom and was worried about sexually transmitted diseases, Inv. Wardlaw also advised that Ms.@§MEBPadvised him that she does have a history of being sexually assaulted by her father and | luncle. Inv. Wardlaw advised us that this was all the information that he has at this time. | eae Raa aT [TT al ory. peau [Siesnoirar™ [pace bawo Saranors ors fore oe _[PACIILO, MUAN iat_| Case 3:16-cv-00199 Document 22-3 Filed 02/24/16 Page 4 of 16 PagelD #: 1056 "University of Tennessee ‘UT Police Department Follow Up Case Report +101 Cumberland Avenue, Knoxville, TH, 37898 PHONE: (665) 974.6631 FAX: (865) 974.4072 utpolice@utkedu \alurioer Halles WHITE AVE, 12238, Knowle, TN 37905 _ SSASEENTE0s Sonal Bate” SEX OFFENSE ‘3813-603 Rape Attempted Rape ‘SEX OFFENSE | ACTIVE ____|owoseots 7 ier 1630 1 called the Sexual assault center and left a voice mail for Ms. Glenna Ford to hold onto the kit that was done for Ms. QM I advised her that it would probably be listed under KPD but that I would be taking it over. | called ADA Leslie Naccios and advised her of the information that I had at this time. 1 asked for further guidance and she advised to interview the parties that were present at the time of the alleged sexual assault and see what we can come up with. I briefed Deputy Chief Simerly and Chief Lane and they asked if we needed to get a search warrant to collect the sheets. I advised them that I would contact ADA Naccios back and see how she wishes to pursue on that matter, I called her back and we discussed the time frame of when it happened and when ‘we got the report, ADA Naccios advised me that since a few days have passed since the assault the | evidentiary value of the sheets could be mitigated by a defense attorney and she thought that getting the interviews would lead to more usable evidence. I advised her that we would be calling people in as soon as possible and that I would update her if anything changes, | Roperater oo ‘Tear Ta DOTY, BENUAMIN PACE, DAVID 04012013 08:12 Somer ~ [Peaoae astTnw [routs [row l [ovarzote 09-00 [PACIELLO, LAN “orte Case 3:16-cv-00199 Document 22-3 Filed 02/24/16 Page 5 of 16 PagelD #: 1057 University of Tennessee UT Police Department | Follow Up Case Report | +101 Cumberiana Avenue, Knoxville, TW, 37896 PHONE: (865) 974.5631 FAX: (885) 974.4072 utpoliee@utkedu 30378 Vas Hate ave 296 ero, ao=8 fEotoonnse |sucaonis ess SEEN SASSY STSARe S515 50 Rape! Atria nape SEC OFFENSE sce saan a a | while collecting the Mr. Lane's bed sheets Mr. Orta was at their apartment. Cpl. Greenlee brought him | back to UTPD where he was taken back to the interview room. I asked Mr. Orta for his ID and he provided | me with a Georgia driver’ license. I then asked him to tell me about what went on Saturday night. Mr. Orta stated that he and his teammates heard about a frat party at “the Hill” and went to go see what it was about, While they were there he saw Ms. Se her cousin there. He stated that he knew her because they had sex about two months prior. He saw them drinking there but didn't notice how they were getting the drinks. He advised that Mr. Lane, Mr. Lanier and himself left the party at about 01:30 to 0200 hours. He stated that he had been having a disagreement with his girlfriend so he dropped Mr. Lane and Mr. Lanier off at their apartment and went over to his girlfriend's to talk with her. He stated that he ‘came back at about 03:00 and Ms QM and a friend were in their living room hanging out with Mr. Lane and Mr. Lanier. Mr. Orta said that he sat next to Ms; nd she said “don't let me sleep with Marlin, pinky promise me.” Mr. Lane had gone to his room whemthis occurred. Mr. Orta thought that it was odd and after a few minutes went to Mr. Lane's room to tell him about it. Mr. Orta said that they had just started talking when M walked in. Mr. Orta stated they he changed the subject and started talking football. He said that Ms, jcame over to him while he was on the bed and started rubbing his chest. Mr. Lane was in a chair facing @ window and was texting his girfriend at this time. Mr. Orta got off the bed and went to a chair by Mr. Lane and he stated that she came over there and started stripping her clothes off. He said that she started rubbing her body in his lap and then she took her panties off and started rubbing him again. He advised me that at this point that he had made up his mind to submit and have sex with her. He stated that they had sex in several positions and that they had sex for approximately 20 minutes. He said that when he finished he got up and started looking for his clothes. He advised me that he was wiping off his penis and saw Ms Laat lying on the bed naked and then. goes over and starts messing with Mr. Lane. He saw her grab Mr. Lane's penis on the outside of his pants and then saw her reach inside his pants and pulls out his penis. He said that he then left to go hop in the shower, He went into the bathroom and realizes that he didn’t have @ towel and steps out into the hallway and see’s Mr. Lane. Mr, Orta told me he said “what are you doing out here and not in there smashing that?” Mr. Lane told him that he would tell him later and they go into the living room. Mr. Orta then’ stated that he went into his bathroom and took a quick shower to clean himself off. When he came back into the living room he advised that Mr. Lane had told him that she told him to stop just after Mr. Orta left. the room so he left. asked Mr. Orta why she would make him promise not to Jet her sleep with Mr. Lane and he stated that she said that “she didn’t want to because her cousin, | liked Mr. Lane." I asked him if there was anything else that 1 needed to know about what happened and he said that was everything, I asked him if he would be willing to provide a DNA sample at a later date and he said that he would agree to it. Cpl. od omnis eo arr Bena [Prez bao aroun — rare aes Pema = {biraov 0900 [PRCIELLO, LAN [ae Case 3:16-cv-00199 Document 22-3 Filed 02/24/16 Page 6 of 16 PagelD #: 1058 l University of Tennessee UT Police Deparomont| Follow Up Case Report 1101 Cumberland Avenue, Knoxville, TN, 37996 PHONE: (865) 974-6631 FAX: (865) 074-4072 rscare Votuicer Hollis WHITE AVE, 12236, Know, TN 37906 ___]138t.on.caosse _letcsnons see SOSSET Sos Sital Baty SECOPENSE 3013508 Rape’ Atmpted Rape SEX OFFENSE ACTive caer Fal 2020 ‘Greenlee then gave Mr. Orta a ride back to his apartment. ‘A DVD copy of the interview will be attached to the case file, All UTPD policies and procedures were adhered during the interview. apnea ae ee ay Reporte aS DOTY, BENJAMIN PAGE, DAVID 4/10/2013 08:00 l — _ |10727/20%4 06108 |PACIELLO, JILLIAN Bona Case 3:16-cv-00199 Document 22-3 Filed 02/24/16 Page 7 of 16 PagelD #: 1059 ‘University of Tennessee UT Police Department Follow Up Case Report {101 Cumberland Avenue, Knoxville, TN, 37996 PHONE: (265) 974.6631 FAX: (866) 974-4072 _ ee are Votuiee iavs48 WHITE AVE, 12238, Knox, TN 37596, [S.oeoe.020s5e _[tamaa0r3 1614 SSN S05 Stel ators” SEX OFFENSE 3013-503 Rape / Alempled Rape ‘SEX OFFENSE | xetive ‘tora _ bi T called the SRO Officer Selby to see if I could come and interview Ms. {Mfoday. She advised that she would call and see if she is at school today and let me know. Officer Selby called back and advised that Ms. jwas there and that we could come by at any time, 1 advised her that Cpl. Greenlee and I would be leaving in just a few minutes. We left at approximately 0930 a 1 School. When we got there Officer Selby already had Ms. Jin her office. 1 introduced myselt and asked her about Inv. Wardlaw’s initial interview. She told me that she told him the first story because she didn’t want anyone to get in trouble because she had known him for a while, She stated that he is her cousin’s ex-boyfriend. I asked her if anyone was with her and she said that her step-sister was with her. She told me that she was in the apartment with her but not in the bedroom. I asked her to recount her night on Saturday night/ Sunday morning: She said that they were going to go to a party at “the hill” but couldn't do anything because she forgot her ID. She said that ee her and| 'to Vol Hall and dropped her off. She said that they were dropped off at fe front of the building and that waited and Mr. Lane and Mr. Lanier were dropped off at the same location and escorted them up to their apartment. ‘She advised that they were hanging out in the living room listening to the music and Mr. Lane made drinks for everyone. She said that she sipped it but doesn’t usually drink and made her sick. She said they hung | out for a while but couldn't specify a time frame. I asked her how she got into Mr. Lane's room. She said | that she was really tired and asked Mr. Lanier told her she could go into anyone's room but A.J's. She was headed into Mr. Lane's room to lie down and rest but was followed by Mr. Orta, who asked her to get him a chair. She said that he then started trying to initiate sex with her in Mr. Lane’s room. She said that she has had sex with him before but didn’t want to have sex in front of his roommate. She sald that Mr. Lane | ‘came in and asked if it was ok if he smoked. She said it was ok and started leaving the room. She said that Mr. Lane sat down in a chair in front of a window. Ms. om that Mr. Orta started trying to initiate sex with her. She stated that she told Mr. Orta that she wasn’t about to do anything with his roommate in the room, She stated that she didn't really know how she got to laying down but was on the bed facing the edge. She told Orta “I'm not about to do this with Marlin in the room.” She said Orta started trying to take off her shorts. Ms. oes: that Marlin kept telling Mr. Orta to “hit it from the ack” and she told him that “I'm not about to do this with Martin sitting right here.” She advised that Mr. Orta stopped for a minute and she fell asleep and when she woke. i i" they were both stil standing there. Mr. Orta said something but she didn’t know what. Ms, id that she had gotten up and that | Mr. Orta had turned her around. Shy id that Mr. Lane then laid down next to her on the bed and tried to | make her “go down on him". M stated that she "wasn’t about to do that” and she sald that Mr. |Orta told her *you better do it or I'm going to hit it harder”. Ms. {JP then told me that Mr. Orta had left | the room at some time but wasn’t sure when, She said that she was alone in the room with Mr. Lane. She | said the whole time she told Mr. Lane no, I’m tired and I'm weak. She told me that “There had been Feces vot [Dory Bensanan | GREENLEE, BRIAN, nari 1083 13:58 — | recOus wane [Roni Pea L - [1921 08:08 |PACIELLO, SILL Case 3:16-cv-00199 Document 22-3 Filed 02/24/16 Page 8 of 16 PagelD #: 1060 University of Tennessee UT Police Department Follow Up Case Report 1404 Cumbertand Avenve, Knoxville, TN, 37996 PHONE: (865) 974-8631 FAX: (865) 974-4072 = ee [tosre Auroerfav1648 WHITE AVE, 12230, Koon, 1 37996 a [istoccose _[saveaors tote QISNMoe STATS Sore Setason Ropes Ateres Hae SUX OFFENSE | | Retive eanoaors seo N00 ‘Grnking” She alo Stated that she believed Mir Lane tobe drunk, T asked her to lary she said no oF” |m tired. She stated to me that she told him no. She said that she pushed on him and told him “no, I'm ‘not about to do this to her.” She advised that he told her “t will be real fast.” "It will be quick.” She sald | that no one came into the room for a while and at one point she may have hit him and made him mad, She said that he grabbed her by her side really hard. She thought he was done because he bent down to pick something up and she moved her legs to try and get up and he started again. She advised that she was naked from the walst down from the previous sexual encounter with Mr. Orta. 1 asked her if Mr. Lane forcefully held her down and she advised that he held her down by her waist keeping her from getting up. | She advised me that “since I couldn't get up she just let him do whatever.” She stated that she told him = | |*no" the whole time. | | Ms. ae that the entire time she was alone with Mr. Lane was about 7 minutes. She sald that | mr. Cane stopped when he was interrupted by Mr. Lanier entering the room, She said that when Mr. Lanier {opened the door that Mr. Lane started looking for his clothes and she started looking for hers. She said that she started crying and Mr. Lanier “what's going on?" She told Mr. Lanier “don't talk to me” and Indicated to me that they were real close friends. Mr. Lanier then said “what did I do” and sat down beside her and gave her a hug. She said that she never said anything to Mr. Lanier and he told her “I don’t know what happened but I'm sorry.” Tasked her after she left if she had further contact with any of the guys from the apartment. She sald she texted with Mr. Lanier, I asked if she stil had the text but she didn’t. She said that he asked her if she was sure she was OK via the text and if ee vos coming to get her. She said that she didn't talk to anyone about what had occurred until the other day when she went to the hospital, I asked if she told | Inv. Wardlaw that she didn’t want to pursue charges and she said that she said “No, I just wanted to make | sure I was OK. Let Marlin do Marlin.” 1 clarified that she was not wishing to pursue charges at this time and she said “yeah”. | Ms. asked if I had talked with Mr. Lane already. I advised her that I have talked with Mr. Lane and ‘Mr. Orta. I told her that 1 would be reaching out to Ms {Mend Mr. Lanier to get information from | them, She advised me that Mr. Lanier can only receive text messages. I told her that we interviewed Mr. | Lane and Mr. Orta and that we had collected the bed sheets from the scene. Ms. ‘asked what Mr. | Lane had told me. 1 informed her that they saw her at “the Hill” and they went back to their apartment. | Mr. Orta dropped off Mr. Lane and Mr. Lanier. I told her that Mr. Orta stated that she made him “pinky promise, not to let her sleep with Lane.” She said that she made him “pinky promise not to let Lane come | in the room with her because he had been drinking.” I continued to tell her what Mr. Orta and Mr. Lane |told me, When I told her that they said that she reached out to Mr. Lane and grabbed his penis she | became agitated and started to cry. She said "This is fucking crazy. I would never in my life have sex with Marlin and I was so fucking mad at Orta. I would not do that. That's not me.”” She then said that "Marlin wasn’t even in his room, His room was lacked. He was in the living room the whole time.” She continued saying " he was in there making drinks and then came in there on sat on their freaking window thing that a

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