Grand Jury Indicts Elster, Adds New Indecent Assault Count

A grand jury in Cambridge indicted Joshua M. Elster '00 yesterday on three counts of rape, two counts of assault and battery and one count of indecent assault and battery of a Harvard undergraduate woman.

Elster was arrested Jan. 31 on the first five counts. The grand jury added the sixth count of indecent assault and battery, which refers to the sexual nature of the offense, according to Jill Reilly, spokesperson for the district attorney's office.

Thomas F. O'Reilly, assistant district attorney in charge of the case, presented the prosecution's evidence to the grand jury over the past week. The grand jury's decision to indict Elster indicates that it believes there is enough evidence against him to send the case to trial, according to Reilly.

A pre-trial hearing for Elster in District Court is scheduled for today. Kenneth F. D'Arcy '58, Elster's defense lawyer, said attorneys from both sides of the case will set dates for future court appearances at the hearing.

The case will then proceed to Superior Court where Elster will attend an arraignment next Friday.

Many of the details of the alleged offense remain undisclosed to the public, but some of those close to the case have given their opinion about the events of the night in question.

In an interview with The Crimson last week, D'Arcy described his client's account of the incident.

Speaking in Elster's defense, D'Arcy contended the alleged victim invited Elster to her room on a date on Jan. 28. He said they did not have definite plans for the evening.

D'Arcy said they spent an hour or two together--during which time they had sex--and then Elster left the dormitory.

"They left on happy terms," D'Arcy alleged. "Everything that was done was completely consensual."

In a letter to the editors published in The Crimson yesterday, Dean of the College Harry R. Lewis '68 and Assistant Dean of the College Karen E. Avery '87 questioned whether the incident can be categorized as "date rape."

"With respect to the connection being made between this incident and a discussion of `date rape,' we would note that the charges against Mr. Elster include two counts of assault and battery as well as three counts of rape and that the only person, as far as we know, who has publicly suggested an amorous relationship gone bad between Mr. Elster and the alleged victim is Mr. Elster's attorney," Lewis and Avery wrote.

The woman pressing charges against Elster has previously refused to comment on the events of the night in question.

The district attorney's office will not release any information until the trial begins.

"We will deal with [the case] in court rather than in the media," said Brian Hefron, a spokesperson for the district attorney's office, last week.

"We think the charges speak for themselves," he said.

Reilly said it is impossible to determine how quickly the case will come to trial.

After the arraignment in Superior Court, there will be a pre-trial conference and a series of hearings before the case reaches trial.

Reilly said attorneys for both sides will probably file motions throughout the spring.

She estimated that the case will progress at the speed of one hearing per month.