Jury indicts Hermandorfer '08

A University senior and his friend were indicted last Friday for allegedly assaulting a member of the Class of 2007 during Reunions in June.

A Mercer County grand jury indicted Nicholas Hermandorfer '08 and Adam Fassnacht, a 2007 graduate of the University of Virginia, with third-degree assault and fourth-degree retaliation against a witness.

Hermandorfer and Fassnacht allegedly beat Robert Anderson '07 without provocation, breaking his nose, cheekbone and orbital socket.

Borough Police charged the two with aggravated assault. A retaliation charge was added at the time of the indictment, Mercer County Prosecutor's Office spokeswoman Casey DeBlasio said in an email. If convicted, Hermandorfer and Fassnacht would face prison sentences of three to five years.

The charge of retaliation against a witness is based upon the allegation that the two "attacked Anderson for his involvement in an earlier altercation with Hermandorfer, for which Hermandorfer faced disciplinary action by the University," DeBlasio said. The next court date for the case is Nov. 16.

Over the summer, both turned down a plea deal offered by the Prosecutor's Office that would have resulted in probation. Instead, the two pleaded not guilty to the charges against them.

Murray Gendzel, Hermandorfer's attorney, said he was dissatisfied with his client's indictment and with the way the Prosecutor's Office handled the case.

"Frankly, I was angry and amazed that the indictment was returned and that the Prosecutor's Office had not apparently called the witnesses that I had supplied to them that would have said that Nick was not involved in this assault," Gendzel said. "It was done in a slipshod manner."

Though the Prosecutor's Office has no legal obligation to present witnesses or evidence provided by the defense before a grand jury, Gendzel said he thinks the prosecutor "has an ethical obligation to present exculpatory evidence to a grand jury." Hermandorfer passed a lie detector test, and there are witnesses who claim he was not involved in the beating, Gendzel said.

Because the grand jury was not presented with that information about Hermandorfer, Gendzel said he is considering filing a motion "to dismiss the indictment based on prosecutorial misconduct."

DeBlasio said the Prosecutor's Office has "no further comments" on Gendzel's "contentions," adding that "There is a process, and he will have the opportunity to argue his case in court."

Though the disciplinary hearing included a charge of retaliation against a witness, Gendzel said the retaliation charge on which Hermandorfer and Fassnacht were indicted may not be applicable to the case. "It appears to [refer to] retaliation against a witness or informant, and it's designed to make it a crime to try to retaliate against somebody who testifies at some sort of legal proceeding."

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Because there was no legal proceeding pending at the time of the assault, Gendzel said, "I'm not sure that the legal charge of retaliation fits."

Gendzel said he thinks his client will be cleared. "I believe in the justice system. I've been involved in the justice system for the last 35 years, and I believe that, ultimately, the justice system will vindicate Nick."

Fassnacht's lawyer, Bob Lytle, did not respond to requests for comment concerning the case.