By Annie Maroon and Arielle Aronson/DFP Staff
UPDATED Feb. 22, 1:21 a.m.
men’s hockey defenseman Max Nicastro pleaded not guilty to two counts of
rape at a Brighton District Court arraignment Tuesday morning.
After being arrested Sunday at 6:30 a.m. by Boston University police Nicastro, 21, was held in jail until his arraignment.
If convicted, Nicastro, a junior, could face up to 20 years in state prison.
was released Tuesday on $10,000 bail under a no-contact order
forbidding him from having any direct or third-party contact with the
He is due back in court on March 26 for a probable cause hearing.
the case is ongoing, he is permitted to return to his home state of
California. Nicastro has also been suspended indefinitely from the
Boston University hockey team.
BU spokesman Colin Riley said Tuesday afternoon Nicastro is “currently not enrolled at the university.”
have to do a fact-finding and investigation,” Riley said. “We get
information from the student who is accusing the other student as well
as the accused, and what we try to do is determine whether or not the
student has violated the university’s code of student responsibilities,
and that deals with the status of a student to be here. And if we
believe a student has violated the code, then we make appropriate
“In this case, for something like a sexual assault, the
sanctions tend to be more on the severe side of things, but we first
have to do an investigation to make a determination.”
entered the courtroom on Tuesday in handcuffs. His mother, who had flown
to Boston from California, was in the room for the arraignment.
Nicastro covered his face throughout the arraignment with a legal pad.
attorney Gloriann Moroney said the alleged victim received medical
treatment and underwent medical testing at Beth Israel Deaconess Center
after the incident, which occurred on campus early Sunday morning. She
was later released from the hospital.
The police report was impounded by the court and will not be released to the public due to the sensitive nature of the case.
During the arraignment, Hugh Curran, Nicastro’s attorney, said that Nicastro committed no criminal act.
The defense made a motion during the arraignment to preserve surveillance camera videos as evidence in connection with the case.
three seasons with the BU hockey team, Nicastro has played in 102
games, in which he has recorded 11 goals and 22 assists. He was drafted
in the third round of the 2008 NHL Draft by the Detroit Red Wings.
said the university will continue to hold informational sessions about
sexual assault on campus to raise awareness of the issue, but students
must ultimately hold themselves responsible for their own decisions.
can certainly have sessions and there are sessions that student
organizations do, that Student Health does. There are quick sort of
things that we point out to people,” Riley said. “We can do all the
sessions we want, but ultimately this comes down to people stopping and
taking a little stock about how they are engaged with other people, how
they treat other people. So I hope that we can have more of an
opportunity to have discussions, individually.”
For the victims of
sexual violence and their friends and families, Riley said the
university can provide support and resources in various ways.
the case of sexual assault, there are any number of agencies near the
university or in Massachusetts that we work with too,” he said. “And I
often remind people that this is the kind of thing that not only affects
a single victim who may have been involved, but also friends and
family, and we like to make sure that particularly those friends and
family – [who are also part of the BU community – that we also reach out
to them and offer them assistance too.”
In a press release,
Suffolk County District Attorney Daniel Conley urged victims of any
sexual violence to first call 911. Additional help for victims of sexual
violence is available through the Boston Area Rape Crisis Center’s
24-hour hotline at 800-841-8371.