Ex-Uber driver denies sex assault again

A former Burlington Uber driver has once again denied sexual assault allegations connected to a February 2015 incident in which the driver was called to transport an intoxicated woman, according to court documents.

Omar Nassir, 24, appeared Thursday in Vermont Superior Court in Burlington to face for a second time a charge of sexual assault without consent. His lawyer Bob Behrens questioned the weight of evidence that had been introduced to re-charge Nassir with sexual assault last month, saying the state did not offer any new admissible evidence.

'This court required the State to present substantial admissible evidence from the victim," Behrens wrote in a December motion after the state filed new evidence. "The affidavit does not do this — it simply attempts to present hearsay and argue its case in more detail."

Judge James Crucitti scheduled another motion to dismiss hearing in February following Behrens' arguments. He allowed Nassir to remain free on conditions, including that Nassir not work for Uber or any other taxi service and that he refrain from contacting the victim.

The sex assault charge has been controversial since the beginning, and Judge Michael Kupersmith almost dismissed the charge during Nassir's arraignment last May for lack of probable cause. Nassir initially pleaded not guilty to charges of sexual assault without consent and lewd and lascivious conduct in May, but the sexual assault charge was eventually dismissed in the fall.

Judge Crucitti had allowed the charge to stand after a first motion to dismiss, but he changed his mind in October after defense counsel filed a motion to reconsider.

Judge: Uber driver case may proceed

"Although the defendant's description of the victim's mental condition prior to the sexual contact and the defendant's numerous denials, which he later contradicted, establish significant suspicion, the court believes that the defendant's statement, on its own, does not establish significant, admissible evidence to allow a jury to reasonably and fairly find the defendant guilty beyond a reasonable doubt," Crucitti wrote in his October decision.

The sexual assault charge was reinstated after state prosecutors filed a new affidavit last month, which included a subsequent interview with the victim. Nassir was arraigned on the charge again on Thursday.

Nassir had said the victim was complaining about a boyfriend who had cheated on her and who she had recently broken up with in the initial affidavit. In a new affidavit filed in December, the victim said she had not had a boyfriend in a while.

The Burlington Free Press refrains from naming victims of alleged sex crimes without their consent.

The victim "stated that it would be a lie if the driver said she had just broken up with her boyfriend," adding that she doesn't remember flirting with Nassir, the affidavit states.  She also said it was possible she was in and out of consciousness, but she remembers Nassir exposing himself to her.

"The court believes that the state has made a good faith effort showing that it can present firsthand evidence on the issue of consent," Crucitti wrote in his December decision to re-instate the charge, according to the Chittenden Unit for Special Investigations.

The victim initially said Nassir asked for sexual favors, but she said she has no evidence or knowledge of Nassir's having touched her, the original affidavit states. The victim had said she was too intoxicated to have given consent.

Nassir told police the victim initiated sexual contact and that he tried unsuccessfully to stop the conduct at one point, according to the affidavit.

After his arrest last spring, Uber ended its relationship with Nassir. If convicted, Nassir faces a maximum life sentence in prison.

Contact Elizabeth Murray at 651-4835 or emurray@freepressmedia.com. Follow her on Twitter at www.twitter.com/LizMurraySMC.