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According to Nungesser’s later suit against Columbia, immediately upon hearing of Sulkowicz’s police report, he had a criminal lawyer contact police and the District Attorney’s office expressing his intent to speak to them to clear his name. Nungesser voluntarily returns to the United States from Germany, and is interviewed by District Attorney Holderness and the Assistant District Attorney for three hours. Immediately after the interview, Holderness informs Nungesser’s lawyer that no charges will be brought against him, as there is a lack of reasonable suspicion to proceed.