The Shining
An Illinois attorney has moved for consent disbarment as a result of a criminal conviction.
The motion describes the crime
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, Movant entered K.E.’s hotel room, without permission. Movant 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 Movant off of her. Movant 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, Movant was seen walking in the hotel hallway on the same floor as K.E.’s room. K.E. identified Movant as her attacker and Movant was arrested in the hotel.
The attorney was convicted at a jury trial of criminal sexual assault and criminal sexual abuse and not guilty of residential burglary. He was sentenced to a total a six years in prison.
The Chicago Tribune noted his explanation for the lip balm
At trial prosecutors alleged that Bergamino had covered his hands with lip balm after his arrest later the night of the rape to destroy potential DNA evidence. During closing arguments, a prosecutor had ridiculed Bergamino’s testimony that he was the “son of a germaphobe” who had used Carmex, a lip balm, to clean his hands while being booked at a Near North District police station.
The Illinois Supreme Court recently declined to allow a further appeal of the conviction.
This story on the trial from the Chicago Tribune
A real estate lawyer arrested on charges he sexually assaulted a 24-year-old woman in her upscale Near North Side hotel room smeared his hands with lip balm as he was being booked by police in an attempt to thwart the 2012 investigation, prosecutors said Tuesday as his trial began.
Anthony Bergamino Jr, now 51, was arrested near the alleged victim’s room at the W Chicago Lakeshore Hotel at 644 N. Lake Shore Dr., moments after she saw him in the hallway and identified him as her attacker, according to testimony.
At the Near North District police station, investigators handcuffed one of Bergamino’s hands to a wall and placed a tube of lip balm found in his pocket on the bench next to him, Officer Willie Peoples testified.
Peoples said he began filling out paperwork from the arrest when he noticed that Bergamino had covered his hands with lip balm.
“His hands were shined up like a glazed donut,” Peoples testified. “I smelled (lip balm).”
Cook County prosecutors implied Bergamino took the action to taint potential DNA evidence on his hand.
The consent goes to the Illinois Supreme Court for final action. (Mike Frisch)