Sex Crime Conviction Leads To Bar Charges

An attorney convicted of criminal sexual assault and sexual abuse has been charged with ethical violations as a result by the Illinois Administrator.

The petition alleges

On or about August 7, 2012, Kelsey E. (“K.E.”), a Minnesota resident, was in her hotel room at the W Hotel in Chicago. She had left the door to her hotel room ajar for a friend that she was expecting to arrive. At approximately 2:00 am, Respondent entered K.E.’s hotel room, without permission. Respondent proceeded to push K.E. down on the bed and forcibly hold her down. He fondled her breasts with his hands and mouth. He also vaginally penetrated her by force with his fingers. K.E. was able to kick Respondent off of her. Respondent told K.E. he would be back and then left K.E.’s hotel room. Thereafter, K.E. called the friend she had been expecting and reported the assault. The friend called the Chicago Police and notified hotel security. As K.E. was speaking with Chicago Police officers about the assault, Respondent was seen walking in the hotel hallway on the same floor as K.E.’s room. K.E. identified Respondent as her perpetrator and Respondent was arrested in the hotel.

His trial testimony was reported by the Chicago Tribune

Prosecutors allege that Bergamino, who lived in a condominium building next door to the hotel, took advantage of the fact that the woman left her hotel door propped open for a male friend, sexually assaulting her in the room.

But Bergamino testified he met the woman earlier that night when he made a self-deprecating joke after tripping over a “construction barricade” as the two walked near each other on Ontario Street. They talked for a few more minutes, he testified, and she gave him her room number after he told her his apartment number.

He went to a pub and drank three scotches and a beer, said Bergamino, who admitted he was drunk when he knocked on the door at the woman’s hotel room.

“She opened the door, said ‘Hi’ and led me in,” Bergamino testified. He said they kissed and touched on a bed but did not have sex.

Bergamino denied forcing himself on the woman.

“No, nothing of that sort at all. It was a very consensual engagement, interaction,” he testified.

The Tribune also reported that he was sentenced to a total of six years in prison. (Mike Frisch)