ALBANY, N.Y. (NEWS10) – The man accused of entering a University at Albany building without permission and raping a student has been in and out of jail multiple times.
Franklin Casatelli is currently in the Albany County Jail without bail. He’s charged with Rape in the First Degree and Burglary in the Second Degree.
According to UAlbany police, the 25-year-old entered a residence hall and dorm room without permission and forced sexual intercourse on a student he didn’t know while she was sleeping. Court documents reveal when the student woke up and told him to get off, he “told the victim to let him finish.”
The New York State Department of Corrections confirmed to NEWS10 ABC that Casatelli was a parolee released from state prison on October 13. It was his fourth time being released on parole since he was convicted of Criminal Possession of a Controlled Substance in July 2012.
“Unless he’s living in the parole officer’s office, he can’t be a watchdog,” legal expert Arnold Proskin said.
In addition to violating his parole multiple times for the controlled substance conviction, the booking department at the Albany County Jail confirmed Casatelli was arrested in the county 12 other times.
“Each act that you do has limitations as to what the maximum sentence can be,” Proskin explained.
Proskin said a New York judge can sentence someone to years in prison if that person has two felony convictions within a certain period of time. The judge can’t put someone away for years for a misdemeanor.
“Maximum you get is one year in jail whether you’re in 10 times before or not,” Proskin said.
Now, however, Proskin said Casatelli probably won’t be back on the streets anytime soon.
“He’s going to do some heavy time in jail,” he said.
During his arraignment Monday, Casatelli was ordered to stay in the Albany County Jail without bail. An order of protection was also issued for the victim.
How he entered the residence hall is still under investigation.
Casatelli is expected back in court on Thursday.