Sophomore Arraigned On Auto Theft, Assault Charges

A Mather House sophomore was arraigned in Cambridge District Court yesterday on five felony charges, including two counts of assault, stemming from an attempted car theft that allegedly took place early Sunday morning.

Cambridge police apprehended Marek D. Waldorf '87, of Mather House and Vestal, N.Y., claiming that Waldorf, clad in an army jacket, fit the description of a suspect in the incident.

Waldorf, who said he was arrested at 4:45 a.m. on the corner of Mt. Auburn and De Wolfe Sts., is suspected of attempting to steal a car and threatening two passersby with a knife, according to his attorney, Robert Glass.

Glass said the incident had occurred near Dunster House about 20 minutes before Waldorf's arrest.

Denies Charges

Glass said that Waldorf will use an "alibi defense" and that he will try to show that his client could not have committed the crime. "The defense's case is one of mistaken identity. He has witnesses from Cleverly Hall that say he was elsewhere," the lawyer said.

Waldorf was arraigned on two counts of assault with a dangerous weapon--one for each person who allegedly was threatened--and one count each of possession of burglarious tools, attempted larceny of a motor vehicle, and malicious destruction of property, according to court records.

The crimes carry a maximum penalty of at least 10 years in prison, said Asst. Dist. Atty. John F. Rooney, who added that a jail sentence was unlikely since Waldorf has no criminal record.

Waldorf said he was arrested after officers told him he had been positively identified by witnesses in a nearby police car. The defendant said he was then brought to the Cambridge Police Department, booked and jailed, until his brother, Lars T. Waldorf '85, paid the $20 bail at 12 noon Sunday.

During the ride to the police station, an arresting officer threatened him with violence if he did not confess, Waldorf added.

His trial is set for Dec. 12, according to Rooney, who will prosecute the case.

Alibi

Waldorf said he spent the evening with two friends who would testify on his whereabouts during the crime.

David W. Pittelli '87, one of the friends, said yesterday that "Marek was in our room until 4 a.m. Then Charles, Marek and I went to Store 24 to get food, went immediately back to our room. The last time I looked at the time it was 4:33 a.m. Marek left around 20-of. The crime occurred next to Dunster around 4:25 a.m. As far as I am concerned, he's innocent."

Waldorf said that he had spent most of the evening in Clavery 5, where Pitelli and Charles D. Fulton '87 had entertained Harvard and Yale friends until midnight. Then the three of them spent the rest of the morning talking, he said.

"I'm concerned about Marek and his well being. He's innocent and he is very distraught," said the defendant's father, William Waldorf. "We're just going to see it through. That's all we can do," he added.

Mather House senior tutor Terry Shaller and Dean of Students Archie C. Epps III refused to comment on the case.

Glass said that his client will waive his right to a trial by jury, entitling him to a second trial with the district court if he is convicted.