New trial sought by ex-UCI student

Marisa O’Neil

The new attorney for a former UC Irvine student convicted of sexually

assaulting and torturing a 15-year-old-girl is seeking a new trial,

this one in front of a jury.

Newport Beach resident Brian Dance, 21, was convicted in July of

three counts of forced penetration, one count of torture and one

count each of robbery and criminal threat. He had previously waived

his right to a jury trial and faces a possible life sentence for

beating a girl he had met on the Internet and carving swastikas on

her face on the UCI campus.

At the start of a hearing on Monday, Dance’s new attorney, Stuart

Faber, tried to show that Dance had taken bad advice when he waived

the jury trial.

Dance’s stepfather, Larry Dance, testified Monday that his

stepson’s former attorney, Marlin Stapleton Jr., dismissed his

stepson’s claim that he and the victim had consensual sex, telling

them the story was “too unbelievable.” Larry Dance said that

Stapleton told him they would have a better shot at a reduced

sentence if he waived a jury trial.

Brian Dance also testified that he told Stapleton that the sex was

consensual.

“In the beginning, it was more out of anger and frustration that I

beat her,” he said Monday.

According to previous testimony, the attack took place after Brian

Dance, who was a UCI sophomore at the time, met the girl in an

Internet chat room. He invited her to the Block at Orange on Dec. 20,

2001, and then took her to a secluded parking lot on the UCI campus.

In his car, Dance sexually assaulted the girl, beat her with his

fists and belt and carved swastikas on her face with a knife,

prosecutors said. He then took money out of her wallet and kicked her

out of his car.

The victim later flagged down a passing vehicle and was treated at

Hoag Hospital in Newport Beach.

Police arrested Dance two days later when a friend of the victim,

acting as a decoy, talked to him in a chat room and lured him to the

Block at Orange again.

After Dance’s July conviction, Deputy District Atty. Steve

McGreevy said that “justice has been served” for the victim.

The hearing, and Brian Dance’s testimony, will continue today.

* MARISA O’NEIL covers education and may be reached at (949)

574-4268 or by e-mail at [email protected].