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Attorney uses woman’s weight as defense during sex assault trial

February 17, 2016  |  Posted by: JammedUp Staff
Attorney uses woman’s weight as defense during sex assault trial Dan Nelson

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A criminal defense lawyer representing an attorney accused of the attempted rape of a woman on a fold-down bed in his New York City law office claims the victim’s accusations can’t be right because she weighs too much.

During cross-examination at the trial of Manhattan-based attorney Dan Nelson, who stands accused of sexual assault of a woman he had met at a bar.

His defense lawyer Tim Parlatore candidly questioned the 36-year-old, 5-foot-6 victim who had earlier testified to having to fight off Nelson, who she says attempted to rape her on a pop-out bed in his office conference room.

“At the time of the alleged incident, you weighed approximately 215 pounds?” Parlatore asked the alleged victim, which she replied “Yes.”

Parlatore went on to indicate that the 39-year-old Nelson also weighs 215 pounds and followed up by asking “Did the bed fall or break in any way?” describing the 3-foot-wide fold out bed.

The offended victim answered “No.”

The brazen attorney attempted to continue his line of offensive line of questioning “Are you aware that the bed has a maximum..” when prosecutor Maxine Rosenthal objected.

An appalled Justice Patricia Nuñez sustained the objection.

After court, Parlatore defended his questioning noting that according to the manufacturer’s website, the folding bed cannot support a total weight limit of more than 220 pounds.

The victim previously recalled on the stand that she and Nelson, who she met at an East Village bar, had been drinking heavily that night and how she agreed to go home with him.

Once their clothes came off and they were making out in the conference room of his firm, Nelson & McCulloch, she asked him to wear a condom, but he refused, and that’s when she changed her mind about the one-night stand, the woman testified.

However, the woman claimed thatNelson, who is a lawyer specializing in intellectual-property law, “wouldn’t take no for an answer.”

The alleged victim claimed Nelson shoved her onto the bed and started fondling her, despite her repeated cries for him to stop, she told jurors.

“I kept repeating ‘Stop,’ then he just put his hands around my throat, and he pressed down with his weight,” she said. “I was still fighting, but I remember thinking to myself, ‘I’m a big girl. I can get this guy off of me,’ and I just pushed with all my weight and was able to get up.”

“You think I’m going to f–king stop,” he replied.”

The woman attempted to escape by telling Nelson she had to go to the bathroom. As he escorted her, she tried to get into an elevator, but he grabbed her dress, ripping it off, she said.

“I just kept repeating to him, ‘I just want to go, please just let me go,” she said. Then, she said, Nelson grabbed her by the hair.

“He pulled the wig off and was stunned; he then stepped back looking at the wig in his hand and said, ‘What the f–k,’ and it was just long enough for the elevator to close.”

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