Five days before a trial was set to begin involving a Penn State alumnus accused of indecently assaulting an unconscious Penn State student, attorneys said the charges have been dropped.

Geffrey Vitale, 32, of Bradley Beach, N.J., was charged with indecent assault, indecent exposure, furnishing alcohol to minors and harassment. His trial had been scheduled for Monday.

"All I can tell you is that while there may have been enough evidence for this case to go to jury trial, we did not think there would be enough evidence for a conviction," Lance Marshall, the assistant district attorney handling the case, said yesterday.

According to the Oct. 5, 2006 criminal complaint, a 20-year-old Penn State student reported to State College police on Oct. 24, 2004, that she was assaulted by Vitale in his hotel room at the Days Inn, 240 S. Pugh St. The incident occurred on Oct. 22 or 23 after the two left Zeta Psi fraternity, of which Vitale is an alumnus, according to the criminal complaint.

The woman said once in the hotel room, Vitale began rubbing her feet, and then she passed out on the bed fully dressed, according to the complaint. She said she woke up later naked from the waist down with Vitale lying naked on the bed next to her, according to the complaint.

The woman told police that she saw a vibrator on the bed and another vibrator and a tube of lubricant on the nightstand next to her, according to the complaint. She took the vibrator on the bed with her and gave it to police, according to the complaint.

DNA evidence found on the vibrator matched the woman's blood sample, "indicating the vibrator had been used on the victim," according to the complaint.

Also, DNA taken from male sperm found on the vibrator matched Vitale's blood sample, the documents indicate.

When contacted by police regarding the incident, Vitale said he had "sexual contact with the victim but no sexual intercourse," according to the complaint. He would not elaborate on what "sexual contact" meant and did not show up for a later meeting with police, court documents indicate.

Marshall would not specify where the evidence was lacking.

"I really don't want to get into the details," he said.

When asked if evidence proved sexual contact had occurred between the woman and Vitale, Marshall said, "the question was never one of identity."

The woman, who has now graduated, said yesterday that the case was dropped because of "inconsistent facts due to me and [Vitale] forgetting things over the past two years."

She criticized the Centre County legal system for the length of time it took to bring the case to trial.

"It gets to the point where you just feel so hopeless," she said. "When the law isn't on your side, where else is there to turn?"

The woman, whose name is being withheld as per Daily Collegian policy on alleged sexual assault victims, said she didn't know if there was anything she could do about the decision.

"I think it's distressing that [Vitale] is still walking the streets," she said. "I felt that I have gotten no relief from any of this."

Phillip Masorti, Vitale's lawyer, said the district attorney's office had notified him of the decision to drop the charges a few days ago. He said Vitale was pleased with the decision.

Masorti said he had never discussed a plea bargain with Marshall.

Centre County District Attorney Michael Madeira said cases are occasionally withdrawn during final preparations for trial. He said issues could arise in areas besides physical evidence.

"It can be consent. It can be consciousness. It can be credibility," he said. "People have sexual contact all the time that is consensual within a legal context."