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Ex-Miami athlete's intent disputed

By Lauren Pack

Staff Writer

Monday, October 13, 2008

HAMILTON — The trial of a former Miami University football player accused of burglary began Monday, Oct. 13, with both sides agreeing the defendant went into a dorm room that wasn't his.

But his attorney said it was a case being in the wrong dorm room after drinking alcohol.

Zachary Marshall, 21, was indicted in July on a burglary charge for allegedly breaking into a woman's room at Havighurst Hall May 21. He has been suspended by the university and is not on the football team's roster.

Butler County Assistant Prosecutor Jason Phillabaum said in opening statements that the woman was in her dorm room about 5:50 a.m. when Marshall opened the door, got on top of her, pinned her down and "used a pillow to muffle her screams."

The victim then chased the Mason High School graduate down the steps, where he disappeared into the halls of the large dorm, he said. Phillabaum said the prosecution does not have to prove a motive for Marshall's actions, only that he trespassed into a dorm room.

Witnesses and statements Marshall made to the police will prove his guilt, he said.

But defense attorney Robert Peeler said the incident was an accident. Marshall was with friends consuming beer and mixed drinks at a private home and at a bar only hours before. About 4 a.m., Marshall began walking back to his room, which was a mile away, he said.

Peeler said when Marshall got to the dorm, he was tired and intoxicated. His physical condition — coupled with the fact he had only been in the dorm two days — led to his confusion in finding the correct room.

"He got to the room he thought was his," Peeler said. "He dropped over to the bed and dropped his clothes onto the bed, then dropped right on top of this young lady. Clearly they were both terrified."

The trial continues today, Oct. 14, before Butler County Common Pleas Judge Michael Sage.

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