(Original Post 6-6-08)
Senator is admitted to psych hospital Marzilli is seeking treatment after arrest
By Steve LeBlanc THE ASSOCIATED PRESS
BOSTON— A state senator arrested this week on charges of attempting to grope one woman and making lewd comments to a second was admitted to a psychiatric hospital yesterday. State Sen. James J. Marzilli entered the hospital hours after saying he would not seek re-election in the fall. The decision came a day after he was arraigned in Lowell District Court on multiple charges related to the arrest. Marzilli’s lawyer confirmed that he was seeking treatment.
“Senator Marzilli was admitted into a local hospital for treatment for an undisclosed illness this afternoon,” said Marzilli’s lawyer, Terrence Kennedy. A source close to Marzilli said on condition of anonymity that Marzilli was seeking treatment at McLean Hospital, a psychiatric hospital in Belmont.
Marzilli, 50, pleaded not guilty Wednesday to charges he tried to grab a woman sexually at a park in Lowell, then fled police, and to charges he made lewd remarks to another woman. Charges against him include disorderly conduct, resisting arrest, assault and battery and obstruction of justice. Marzilli is free on bail and due back in court July 3.
A spokesman for the Middlesex district attorney’s office said investigators were looking into other incidents possibly involving Marzilli, including one last year in Arlington and another in Boston’s Brighton neighborhood two years ago. Investigators also were looking into whether Marzilli was involved in other incidents in Lowell before his arrest.
Last month, Middlesex District Attorney Gerald T. Leone Jr. declined to charge Marzilli after a woman claimed he had touched her inappropriately in April, saying there was insufficient evidence.
Marzilli was arrested Tuesday after a woman told police he approached her while she was sitting on a park bench and tried to grab her crotch. A second woman called authorities after seeing media coverage of Marzilli’s arrest and said Marzilli made lewd comments to her. Kennedy said his client “totally denies” the charges.
(Update 2-23-11) Marzilli was sentenced to three months in jail and probation by Judge Paul Chernoff at Lowell Superior Court yesterday. Marzilli will serve his sentence at the Billerica House of Correction. For the first year of his probation, Marzilli will serve his first year under GPS monitoring and must do 200 hours of community service. A charge of attempted indecent assault and battery was stayed for a year, meaning that if the GPS monitoring goes without any hitches, Marzilli won't have to register as a sex offender.
In the city [of Lowell, MA]on June 3, 2008, for a function at Federal Fabrics-Fibers, Marzilli approached the women both on foot and in a car over the course of four hours, making lewd remarks about their bodies. They, in return, called him a pervert and told him to spend $20 on a hooker.
Middlesex District Attorney Elizabeth Dunigan said that some of the victims are afraid to go to Lowell, MA and that “At the time of his arrest, he was focused on himself, his career, his future. Maybe in time it can be a little bit about what these women lost on the streets of Lowell."
Showing posts with label MA. Show all posts
Showing posts with label MA. Show all posts
Wednesday, February 23, 2011
Saturday, February 12, 2011
Lawrence, MA police officer sent away for 10-12 years for raping mother of two on duty
A former Lawrence, MA police officer was sentenced to 10-12 years imprisonment for raping a young mother of two who was drunkenly celebrating her 24th birthday. Sentencing took place on February 3, 2011 in Newburyport District Court by Judge Richard Welch.
Kevin Sledge Sr, 48, of Salem, NH, was also ordered to stay away from the victim, her family and her friend Regina Perry, undergo sex offender treatment, register as a sex offender, and serve 5 years of probation after leaving prison. Judge Welch said that while Sledge's family said that he was a supportive father and nephew, he was "a man who committed rape and indecent assault and battery," taking advantage of a woman who "was drunk as can be." The official charges a jury convicted Sledge of were three counts of indecent assault and battery and a single rape count.
Kevin Sledge Sr, 48, of Salem, NH, was also ordered to stay away from the victim, her family and her friend Regina Perry, undergo sex offender treatment, register as a sex offender, and serve 5 years of probation after leaving prison. Judge Welch said that while Sledge's family said that he was a supportive father and nephew, he was "a man who committed rape and indecent assault and battery," taking advantage of a woman who "was drunk as can be." The official charges a jury convicted Sledge of were three counts of indecent assault and battery and a single rape count.
He said he was trying to help the victim, who told him she was stranded and abandoned in downtown Lawrence that night. He said she asked him for a ride home to Nashua, N.H. He told her he could drive her to the police station.
When she refused to go into the police station lobby and wait for Perry there, Sledge said he allowed the woman to wait in his car parked out back. The victim says after she was picked up by Sledge, he drove her to the police station where he was on duty. She said he returned to his car several times to rape and assault her.
Sledge, a police officer for 17 years, raped and repeatedly assaulted the woman in his personal car, a silver Jaguar he parked behind the police station on Sept. 26, 2008. Sledge was assigned to the booking room and repeatedly left his post to go to his car to rape and fondle the woman. When arrested, he was immediately suspended from the department and stripped of his paycheck once indicted.
The trial was Sledge's second trial - the first trial ended in a mistrial. Prosecutor Kate MacDougall asked for a 12-15 years sentencing, citing the "sacred trust" Sledge violated and that he used his police officer status to facilitate "disgraceful and shameful behavior." MacDougall read a victim impact statement from the victim. The statement said that the attack affected her parenting ability. Her son missed school because she was too scared to walk his to school. She eventually sucummbed to depression, and was evicted from her apartment and ended up with her children in homeless shelters.
"Every time, I (saw) a silver car, I put my head down and my heart would pound hoping it wasn't him," "Never would I have thought trusting a police officer was gonna end in a disaster," she said. "I thought I had no chance going up against a cop, but I did it anyways."
Defense attorney John Morris asked Welch to impose a 3- to 5-year prison sentence, pointing to the many letters of support Sledge's extended family had written on his behalf to Welch. Morris read a letter in court from Kevin Sledge Jr., Sledge's 21-year-old son, who is a sophomore in college. Sledge Jr. described his father as his best friend and a person who loves him unconditionally. He also said he was disappointed by his dad's choices. "I cannot imagine what my life would be like without him. He taught me to be a hard worker ... to never quit," Sledge Jr. wrote. "I am proud to call him my dad."
Morris also said Sledge suffers from congestive heart failure, a condition he was diagnosed with in August. In addition to heart valve and blood flow problems, Sledge also has a herniated disk in his back and nerve damage that resulted from a cruiser accident he was involved in as a police officer, Morris said.
Judge Welsh told the victim, "You displayed remarkable courage when you testified...Hopefully you can build on that." Shawn Sledge, 40, the perpetrator's nephew, said "[The sentence is] somewhat harsh ... I do understand the judge's comments that he was a police officer and a protector of the law. I understand the decision he made, even though I don't think it's the right one."
Monday, May 31, 2010
Proposed Massachusetts law would terminate parental rights of spouse killers
A Massachusetts legislator and a man whose mother was killed by her husband is attempting to pass a law that would automatically terminate parental rights of people convicted of killing their spouses. The law is gaining attention due to the case of a man who allegedly beat and strangled his wife in front of her two children.
Keith Rosiello, a Shrewsbury engineer, [is] facing charges of beating and strangling his wife. Prosecutors say Rosiello left his wife’s battered body on a couch before the eyes of his daughter and 6-year-old son. Rosiello, 45, is asking a judge to clear the way for his kids to visit him behind bars - a bid expected to be challenged by the state Department of Children and Families. Rosiello’s attorney did not return a call seeking comment.
The proposed law, known as Patrick's Law, was proposed by Patrick Holland, whose father is serving life without parole for killing his mother. The then 14 year old Holland fought off an attempt by his murderous dad to reconnect with him. Rep. Peter Koutoujian (D-Waltham) is the legislator who has been trying to pass such a law for the last 6 years.
With eight of 10 domestic violence homicides this year taking place in the home, Koutoujian, a former prosecutor, said: “I’m worried we’re going to have more cases like Patrick’s and more cases like the Rosiello children.”
According to Maureen Gallagher, policy director for Jane Doe, Inc. - The Massachusetts Coalition Against Sexual & Domestic Violence, “It is unconscionable to require children to continue unwanted relationships with battering parents who killed their other parent. These children deserve every chance possible to start their life again in a safe environment."
Holland said that his adoptive parents, Ron and Rita Lazisky, taught him what it truly means to be a parent. “It’s whoever’s in your corner,” he said. “It’s someone who gives you the stable foundation to help you to be your best. I know she wanted the best for me. I’m trying to live up to that.”
Keith Rosiello, a Shrewsbury engineer, [is] facing charges of beating and strangling his wife. Prosecutors say Rosiello left his wife’s battered body on a couch before the eyes of his daughter and 6-year-old son. Rosiello, 45, is asking a judge to clear the way for his kids to visit him behind bars - a bid expected to be challenged by the state Department of Children and Families. Rosiello’s attorney did not return a call seeking comment.
The proposed law, known as Patrick's Law, was proposed by Patrick Holland, whose father is serving life without parole for killing his mother. The then 14 year old Holland fought off an attempt by his murderous dad to reconnect with him. Rep. Peter Koutoujian (D-Waltham) is the legislator who has been trying to pass such a law for the last 6 years.
With eight of 10 domestic violence homicides this year taking place in the home, Koutoujian, a former prosecutor, said: “I’m worried we’re going to have more cases like Patrick’s and more cases like the Rosiello children.”
According to Maureen Gallagher, policy director for Jane Doe, Inc. - The Massachusetts Coalition Against Sexual & Domestic Violence, “It is unconscionable to require children to continue unwanted relationships with battering parents who killed their other parent. These children deserve every chance possible to start their life again in a safe environment."
Holland said that his adoptive parents, Ron and Rita Lazisky, taught him what it truly means to be a parent. “It’s whoever’s in your corner,” he said. “It’s someone who gives you the stable foundation to help you to be your best. I know she wanted the best for me. I’m trying to live up to that.”
Sunday, May 16, 2010
Couple sentenced to prison for rape of 17 year old girl
By Scott J. Croteau TELEGRAM & GAZETTE STAFF
WORCESTER — A Clinton man and his one-time girlfriend were sentenced to prison [May 11, 2010] after they pleaded guilty to charges stemming from a July rape in which they held down the victim and took pictures of her.
Robert S. Cockerline, 23, of 230 Sterling St., Clinton, and Jerrica A. Gray, 20, of 120 Lawrence St., Fitchburg, each pleaded guilty to two counts of aggravated rape and single counts of indecent assault and battery on a person over 14, assault and battery and photographing an unsuspecting nude person.
Mr. Cockerline was sentenced in Worcester Superior Court to serve 12 to 15 years in prison for the rape charges. Ms. Gray received 5 to 8 years in prison. Both were sentenced to five years' probation; they are required to register as sex offenders.
According to Assistant District Attorney Anthony J. Marotta, the couple lured a 17-year-old female friend to Mr. Cockerline's apartment in Clinton on July 26. He said the couple first asked the victim to a movie, then Mr. Cockerline said he had some new puppies he wanted to show her. While in the apartment, the victim told authorities, she was given some orange juice that tasted strange, and moments later she was unconscious. Mr. Marotta said it is unclear whether Mr. Cockerline struck the victim in the head or the juice was spiked with some type of drug.
When the victim awoke, she found Mr. Cockerline on top of her, raping her, while Ms. Gray held her down and gave instructions to Mr. Cockerline, the prosecutor told Judge Peter W. Agnes Jr. today. Ms. Gray also took pictures of the rape, which authorities were able to obtain in their investigation.
After the attack, the victim ran from the apartment, but her assailants followed her. Ms. Gray gave her a ride home to Lunenburg. The victim texted a friend about the assault. Police were notified. Mr. Marotta said Mr. Cockerline and Ms. Gray first denied being with the victim, but a neighbor had a security camera that caught the victim going in and out of the apartment.
The victim, now 18, and her mother sat in court during sentencing today. Mr. Marotta read the victim's impact statement to the court. “Yes, I was victimized by you,” the victim said addressing Mr. Cockerline. “I am no victim. I am not your victim. I am a survivor.”
WORCESTER — A Clinton man and his one-time girlfriend were sentenced to prison [May 11, 2010] after they pleaded guilty to charges stemming from a July rape in which they held down the victim and took pictures of her.
Robert S. Cockerline, 23, of 230 Sterling St., Clinton, and Jerrica A. Gray, 20, of 120 Lawrence St., Fitchburg, each pleaded guilty to two counts of aggravated rape and single counts of indecent assault and battery on a person over 14, assault and battery and photographing an unsuspecting nude person.
Mr. Cockerline was sentenced in Worcester Superior Court to serve 12 to 15 years in prison for the rape charges. Ms. Gray received 5 to 8 years in prison. Both were sentenced to five years' probation; they are required to register as sex offenders.
According to Assistant District Attorney Anthony J. Marotta, the couple lured a 17-year-old female friend to Mr. Cockerline's apartment in Clinton on July 26. He said the couple first asked the victim to a movie, then Mr. Cockerline said he had some new puppies he wanted to show her. While in the apartment, the victim told authorities, she was given some orange juice that tasted strange, and moments later she was unconscious. Mr. Marotta said it is unclear whether Mr. Cockerline struck the victim in the head or the juice was spiked with some type of drug.
When the victim awoke, she found Mr. Cockerline on top of her, raping her, while Ms. Gray held her down and gave instructions to Mr. Cockerline, the prosecutor told Judge Peter W. Agnes Jr. today. Ms. Gray also took pictures of the rape, which authorities were able to obtain in their investigation.
After the attack, the victim ran from the apartment, but her assailants followed her. Ms. Gray gave her a ride home to Lunenburg. The victim texted a friend about the assault. Police were notified. Mr. Marotta said Mr. Cockerline and Ms. Gray first denied being with the victim, but a neighbor had a security camera that caught the victim going in and out of the apartment.
The victim, now 18, and her mother sat in court during sentencing today. Mr. Marotta read the victim's impact statement to the court. “Yes, I was victimized by you,” the victim said addressing Mr. Cockerline. “I am no victim. I am not your victim. I am a survivor.”
Sunday, May 2, 2010
Repeat sex offender gets 25-30 years for attempted rape
A sex offender who attempeted to rape a woman on the grounds of Massachusetts General Hospital last year was sentenced to 25 years imprisonment Friday, April 30. Forty year old David Flavell, formerly of Brockton, MA, was convicted of 2 counts of assault and battery with a dangerous weapon, assault and battery, and assault with intent to rape in Suffolk Superior Court Thursday April 29.
Flavell normally would have faced a maximum of 20 years for the attempeted rape charges, but faces life after prosecutors proved that he had a similar assault with intent to rape conviction in 1998. He had other sex convictions between 1998 and 2001, and was listed as a Level 3 sex offender on the SO registry.
On Jan. 29, 2008, Braintree police arrested Flavell, who peered under a ladies’ room stall at the Borders bookstore on Grossman Drive, startling a 36-year-old Holbrook woman. “We consider his actions extremely serious and Flavell to be a very dangerous individual,” Deputy Police Chief Russell Jenkins said at the time.
Borders employees told Officer Michael Want that the woman, who left the store and later returned to speak with Want, was in a stall in the ladies’ room around 8 p.m. when a man stuck his head into her stall from underneath the separating wall, said nothing, and fled the area. A witness who saw the man in the area of the ladies’ room described him as wearing dark clothing, possibly a running suit, and carrying a black bag.
An employee described it as a black Adidas bag with white stripes and went on to say that the man spent two hours on the pay phone near the café, located close to the restrooms. Surveillance video showed the man to be light skinned with a short Afro and possible facial hair. He was of medium build and was wearing a black puffy coat, a dark colored Adidas sweatshirt, and tan or light brown pants.
In the Borders investigation, both witnesses were shown an array containing several photographs, including Flavell’s, and narrowed their selection down to two photos of Flavell and another person.
According to Jenkins, the victim viewed the same photo array on Feb. 19, 2008 and positively identified Flavell as the person who stuck his head into her stall. On that same day, a Brockton woman called McLaughlin, informed him that she viewed the photograph posted on Mass Most Wanted, and identified the individual as Flavell.
An arrest warrant was issued that afternoon, charging Flavell with annoying or accosting a person of the opposite sex as well as disorderly conduct, both misdemeanors.
McLaughlin and Detective Mark Sherrick, assisted by Brockton police, arrested Flavell that night at a donut shop in Brockton. At the time of his arrest, police said, Flavell was carrying the same backpack that he reportedly had on the night of the Borders incident, and inside it were three pairs of work gloves, a black ski mask, and a roll of duct tape.
Flavell was held at the Braintree police station pending his Feb. 20, 2008 arraignment in Quincy District Court, where he pleaded innocent and was ordered held on $10,000 cash bail. Flavell admitted on April 22, 2008 in Quincy District Court that there were sufficient facts to find him guilty. Judge Mary Dacey White sentenced Flavell to six months in jail with credit for 63 days served because he had been unable to come up with bail.
Superior Court Judge Charles Spurlock sentenced Flavell to 25 to 30 years imprisonment followed by 10 years of probation. During probation, Flavell must undergo sex offender treatment and GPS monitorins. He is under a stay-away order from both the victim and the hospital.
Friday, March 12, 2010
Ex-officer sentenced to 10-12 years for rape
On February 25, 2009, Judge Janet Kenton-Walker sentenced a former Rutland, MA police officer to 10-12 years imprisonment and 5 years probation for sexually assaulting a prostitute in the fall of 2008. 37 year old Jason Briddon was officially sentenced after a jury conviction, to the prison term for aggravated rape, aggravated kidnapping, and assault for the rape.
The 30-year-old victim in the case testified that Mr. Briddon repeatedly raped and beat her and held her against her will on the morning of Oct. 9, 2008, after she agreed to engage in a sex act with him for money to support her crack cocaine addiction.
She said the assaults and kidnapping took place in the basement of a house at 178 Burncoat St. that was owned by a friend of Mr. Briddon.
Assistant District Attorney Paula J. Frasso was hoping for a 25 to 30 year sentenced and the aggravated rape and kidnapping charges to run consecutively, calling the attack predatory and pre-planned. Though a streetwalker, “she didn’t deserve what happened to her,” said Frasso in her closing arguments.
In her victim impact statement, the victim told the court that “He showed no mercy to me and the court would be wise in showing none to him."
Describing his client as a hard-working family man with no prior criminal record, Mr. Briddon’s lawyer, Christopher P. LoConto, recommended a sentence of 5 years to 5 years and a day.
Mr. Briddon made a personal plea for leniency, telling the court he “saved lives” as a police officer and always provided for his family. He called his convictions a “miscarriage of justice.”
Wendy Briddon, his wife and the mother of his two children, asked the judge to keep in mind that her husband was “somebody’s father.” “He’s been a wonderful son,” said Mr. Briddon’s mother, Carol Briddon.
Judge Kenton-Walker said that the brutal attack by Briddon not only physically injured the victim, but also caused “severe emotional and psychological trauma which continues to this day.” Factors used to arrive at her sentence included “punishment, deterrence, protection of the public and rehabilitation.”
Briddon's probation conditions include sex offender treatment and registration, no contact with the victim or her family, GPS monitoring, undergoing any other treatment deemed appropriate, and no weapon posession.
Briddon is facing charges that he raped a 29 year old woman who rode home with him from a bar. A mistrial was declared last year after a hung jury.
The 30-year-old victim in the case testified that Mr. Briddon repeatedly raped and beat her and held her against her will on the morning of Oct. 9, 2008, after she agreed to engage in a sex act with him for money to support her crack cocaine addiction.
She said the assaults and kidnapping took place in the basement of a house at 178 Burncoat St. that was owned by a friend of Mr. Briddon.
Assistant District Attorney Paula J. Frasso was hoping for a 25 to 30 year sentenced and the aggravated rape and kidnapping charges to run consecutively, calling the attack predatory and pre-planned. Though a streetwalker, “she didn’t deserve what happened to her,” said Frasso in her closing arguments.
In her victim impact statement, the victim told the court that “He showed no mercy to me and the court would be wise in showing none to him."
Describing his client as a hard-working family man with no prior criminal record, Mr. Briddon’s lawyer, Christopher P. LoConto, recommended a sentence of 5 years to 5 years and a day.
Mr. Briddon made a personal plea for leniency, telling the court he “saved lives” as a police officer and always provided for his family. He called his convictions a “miscarriage of justice.”
Wendy Briddon, his wife and the mother of his two children, asked the judge to keep in mind that her husband was “somebody’s father.” “He’s been a wonderful son,” said Mr. Briddon’s mother, Carol Briddon.
Judge Kenton-Walker said that the brutal attack by Briddon not only physically injured the victim, but also caused “severe emotional and psychological trauma which continues to this day.” Factors used to arrive at her sentence included “punishment, deterrence, protection of the public and rehabilitation.”
Briddon's probation conditions include sex offender treatment and registration, no contact with the victim or her family, GPS monitoring, undergoing any other treatment deemed appropriate, and no weapon posession.
Briddon is facing charges that he raped a 29 year old woman who rode home with him from a bar. A mistrial was declared last year after a hung jury.
Sunday, February 21, 2010
Rapist released from prison charged with new rape after cutting off monitoring bracelet
The terms of French’s six-year probation require him to stay drug- and alcohol-free, submit to random drug screens, undergo sex offender treatment and have no contact with the victim.
In the prior rape case, French told the victim he had a gun and threatened to kill her and her 13-year-old daughter, who was sleeping in another room, if she did not comply, court records show. French’s record also includes a string of prior arrests for larceny, assault, threats, and burglary.
On Thursday at about 11:25 p.m., probation officials received an alert indicating that French had removed the GPS monitor from his leg, and an arrest warrant was issued at 11:45 p.m., the DA’s office said.
French was arrested early Friday morning, while the victim was treated and released from a local hospital. He was arraigned in Framingham District Court Friday afternoon by Judge Sara Singer and charged with the following - 2 counts of aggravated rape, kidnapping, assault and battery, unarmed robbery, threats to commit a crime, and removing the GPS monitoring device. He is currently being held without bail pending a dangerousness hearing scheduled February 25.
Saturday, February 6, 2010
Formerly committed serial rapist almost strikes again - sentenced to at least 20 years
(Original Post 10-25-09)
A serial rapist, confined at a state mental hospital after convictions of five rapes in the 1970's, was arrested for trying to rape a jogger at a Massachusetts state park September 28. Fifty-one year old Scott Gagnon, of Tewksbury, will be arraigned in Salem Superior Court for attempted rape and indecent assault and battery. Gagnon faces life in prison for the new charges, and is being held without bond as a danger to women.
The indictments, which were expected, were handed up late Wednesday by an Essex County grand jury. They move the case out of Ipswich District Court. Prosecutor Gerald Shea said he expects Gagnon to be rearraigned in Salem Superior Court within the next several weeks.
Gagnon was arrested on Sept. 28 after a woman jogging at the Sandy Point State Reservation at the southern tip of Plum Island reported that she was grabbed from behind and thrown to the ground. The woman managed to escape her attacker's grasp and ran, flagging down two men, who then drove her to a security gate to report the incident. Gagnon was found in a truck a short time later.
Gagnon was released from Bridgewater State Hospital in 2007 after being committed there in 1980 for the 70's rapes. Experts pronounced him "cured" even though Gagnon admitted to 20 other rapes before institutionalization. Only a week before the rape attempt, Gagnon, along with 40 other men, was busted in a john sting held by Haverhill, MA police, and released after paying a $500 fine.
(Update 2-6-10) Gagnon was sentenced to 20 to 25 years in prison for the rape attempt last fall by Judge John Lu. The sentencing took place Thursday, February 4, just after he took a plea deal on attempted rape and indecent assault and battery charges. Gangon will spend 20 years on probation and lifetime community supervision if he's released from prison. Ironically, Gagnon's minimum sentence is longer than it would have been if he was sentenced to life under Massachusetts law.
More details about that attempt are posted below. He can still be designated a sexually violent predator at the conclusion of his sentence.
Prosecutor Gerald Shea described to the judge the details of what happened on the afternoon of Sept. 28 at the Parker River National Wildlife Refuge, a seven-mile stretch of wilderness with hiking trails and beaches that stretches from Newbury to Ipswich.
The woman had gone to the southern end of the island, and was on the beach at the Sandy Point State Reservation in Ipswich when she first noticed Gagnon.
He stood out because of his attire, dressed more like a construction worker than a typical visitor to the refuge, Shea said. As he walked around, he was making her uncomfortable, Shea said. She realized that he was watching her.
So the woman went into a bathroom and changed into some running clothes, then started jogging on the wet sand. As she looked over her shoulder, she quickly realized that Gagnon was following behind her.
After a while Gagnon moved up toward the road and seemed to disappear. The woman kept running, about two miles, Shea said. Then, suddenly, Gagnon appeared again, trying to start a conversation. He asked her about the temperature of the water. She kept running.
Moments later, she felt someone come up fast behind her. Gagnon grabbed her around the chest and threw her to the ground. The woman screamed and resisted as waves of water broke over them. She was able to break away and began running. Gagnon ran, too, in the opposite direction.
A father and his daughter who were planning to spend the afternoon surfcasting on the island happened to drive by and the woman flagged them down, Shea said. That driver, Jeffrey Shaw, told police that the woman was "terrified." He called for help and drove her to the main gate of the refuge, where police were waiting.
Meanwhile, a U.S. Fish and Wildlife officer at the parking lot at the end of the island had spotted and detained Gagnon. Gagnon claimed he'd been jogging on the beach, and the woman was "in his way," so he "just grabbed her to move her out of his way."
Carol Cahill, Gagnon's atorney, said that "Mr. Gagnon, in all likelihood, is never going to be free again."
A serial rapist, confined at a state mental hospital after convictions of five rapes in the 1970's, was arrested for trying to rape a jogger at a Massachusetts state park September 28. Fifty-one year old Scott Gagnon, of Tewksbury, will be arraigned in Salem Superior Court for attempted rape and indecent assault and battery. Gagnon faces life in prison for the new charges, and is being held without bond as a danger to women.
The indictments, which were expected, were handed up late Wednesday by an Essex County grand jury. They move the case out of Ipswich District Court. Prosecutor Gerald Shea said he expects Gagnon to be rearraigned in Salem Superior Court within the next several weeks.
Gagnon was arrested on Sept. 28 after a woman jogging at the Sandy Point State Reservation at the southern tip of Plum Island reported that she was grabbed from behind and thrown to the ground. The woman managed to escape her attacker's grasp and ran, flagging down two men, who then drove her to a security gate to report the incident. Gagnon was found in a truck a short time later.
Gagnon was released from Bridgewater State Hospital in 2007 after being committed there in 1980 for the 70's rapes. Experts pronounced him "cured" even though Gagnon admitted to 20 other rapes before institutionalization. Only a week before the rape attempt, Gagnon, along with 40 other men, was busted in a john sting held by Haverhill, MA police, and released after paying a $500 fine.
(Update 2-6-10) Gagnon was sentenced to 20 to 25 years in prison for the rape attempt last fall by Judge John Lu. The sentencing took place Thursday, February 4, just after he took a plea deal on attempted rape and indecent assault and battery charges. Gangon will spend 20 years on probation and lifetime community supervision if he's released from prison. Ironically, Gagnon's minimum sentence is longer than it would have been if he was sentenced to life under Massachusetts law.
More details about that attempt are posted below. He can still be designated a sexually violent predator at the conclusion of his sentence.
Prosecutor Gerald Shea described to the judge the details of what happened on the afternoon of Sept. 28 at the Parker River National Wildlife Refuge, a seven-mile stretch of wilderness with hiking trails and beaches that stretches from Newbury to Ipswich.
The woman had gone to the southern end of the island, and was on the beach at the Sandy Point State Reservation in Ipswich when she first noticed Gagnon.
He stood out because of his attire, dressed more like a construction worker than a typical visitor to the refuge, Shea said. As he walked around, he was making her uncomfortable, Shea said. She realized that he was watching her.
So the woman went into a bathroom and changed into some running clothes, then started jogging on the wet sand. As she looked over her shoulder, she quickly realized that Gagnon was following behind her.
After a while Gagnon moved up toward the road and seemed to disappear. The woman kept running, about two miles, Shea said. Then, suddenly, Gagnon appeared again, trying to start a conversation. He asked her about the temperature of the water. She kept running.
Moments later, she felt someone come up fast behind her. Gagnon grabbed her around the chest and threw her to the ground. The woman screamed and resisted as waves of water broke over them. She was able to break away and began running. Gagnon ran, too, in the opposite direction.
A father and his daughter who were planning to spend the afternoon surfcasting on the island happened to drive by and the woman flagged them down, Shea said. That driver, Jeffrey Shaw, told police that the woman was "terrified." He called for help and drove her to the main gate of the refuge, where police were waiting.
Meanwhile, a U.S. Fish and Wildlife officer at the parking lot at the end of the island had spotted and detained Gagnon. Gagnon claimed he'd been jogging on the beach, and the woman was "in his way," so he "just grabbed her to move her out of his way."
Carol Cahill, Gagnon's atorney, said that "Mr. Gagnon, in all likelihood, is never going to be free again."
Saturday, October 24, 2009
72 year old man gets 9 to 12 years for "manslaughter" of wife, stabbed 45 times
A 72 year old Cape Cod man was sentenced to 9 to 12 years in prison yesterday for stabbing his wife 45 times with a kitchen knife before she bled to death in front of a neighbor's porch. Seventy-two year old William Romero Sr. of Pocasset, MA, who plead guilty in September, was sentenced for a single count of manslaughter and 20 years of probation for to assault and battery with a dangerous weapon on a person over 60 by Judge Richard Connon.
First Assistant District Attorney Brian Glenny asked for a sentenced of 18 to 20 years, while Romero's lawyer, Kevin Reddington, asked for 6 to 8 years. Judge Connon, after reading Romero's evaluation at Taunton State Hospital and other background information, decided that "age is not a defense - You can't turn your back on someone who commits the most serious of crimes."
Because Romero was found to have a substance abuse problem, his probation conditions, if he lives to get out of prison, will require no drug or alcohol use. However, the defendant, acknowledged to be in poor health, may find prison difficult at his age. "He's at the end of his life and that's a difficult way for him to finish his life." Judge Connon said. "The thing is," he added, "if he does survive, where is he going to go when he gets out?"
He might be able to stay with his son, William Romero Jr.
Romero's son, William Romero Jr., was too distraught to even stay for the hearing, Reddington told the judge. He had recommended a lesser sentence than his sisters in his impact statement, the lawyer said. Connon said he took those into account, as well as the test results from the hospital, in making his decision.
Romero's daughter, Sharon Durkin, shook her head as the sentence was read. She broke into hysterics as Romero was led out of the courtroom.
"We were not pleased with the judge's verdict today and we felt that justice had not been served," Durkin said of herself and her sister, Margaret, in a phone interview later yesterday. The sisters wanted to see their father sent away for the maximum 20 years.
Whatever happens to his client, according to Romero's lawyer, Romero's children will have lost both of their parents due to one selfish act. "I know that they love their father, but they certainly loved their mother," Reddington said.
First Assistant District Attorney Brian Glenny asked for a sentenced of 18 to 20 years, while Romero's lawyer, Kevin Reddington, asked for 6 to 8 years. Judge Connon, after reading Romero's evaluation at Taunton State Hospital and other background information, decided that "age is not a defense - You can't turn your back on someone who commits the most serious of crimes."
Because Romero was found to have a substance abuse problem, his probation conditions, if he lives to get out of prison, will require no drug or alcohol use. However, the defendant, acknowledged to be in poor health, may find prison difficult at his age. "He's at the end of his life and that's a difficult way for him to finish his life." Judge Connon said. "The thing is," he added, "if he does survive, where is he going to go when he gets out?"
He might be able to stay with his son, William Romero Jr.
Romero's son, William Romero Jr., was too distraught to even stay for the hearing, Reddington told the judge. He had recommended a lesser sentence than his sisters in his impact statement, the lawyer said. Connon said he took those into account, as well as the test results from the hospital, in making his decision.
Romero's daughter, Sharon Durkin, shook her head as the sentence was read. She broke into hysterics as Romero was led out of the courtroom.
"We were not pleased with the judge's verdict today and we felt that justice had not been served," Durkin said of herself and her sister, Margaret, in a phone interview later yesterday. The sisters wanted to see their father sent away for the maximum 20 years.
Whatever happens to his client, according to Romero's lawyer, Romero's children will have lost both of their parents due to one selfish act. "I know that they love their father, but they certainly loved their mother," Reddington said.
Saturday, July 4, 2009
Massachusetts House Bill 1246 seeks to criminalize teacher/student sex - and much, much more
There is a bill in Massachusetts which seeks to criminalize teacher student sex when the teacher seduces a high school student over 16. Supporters of the bill, Massachusetts House Bill 1246, cite a female teacher who only lost her job when having sexual relationships with a minor between 16 and 18. Snce the current AOC is 16, students over 16 are considered fair sexual game.
While ostensibly focused on protecting high school students from predatory teachers, House Bill 1246 does much more than that. It criminalizes sex between social workers, mental health practitioners and clients, and college/university professors and students. Most of these are considered legal adults. The full text of this bill is below:
Section 21A. Any person who is employed by a public or private school or institution of higher learning, the department of youth services, the department of social services, the department of mental health, the department of mental retardation or any private institution providing services to clients of such departments and who in the course of such employment or contract with a pupil or client of such departments or institutions within or outside of any facility thereof or a pupil or client under the direct custodial supervision and control of such person or another person, a pupil or client shall be deemed incapable of consent to sexual relations with such person.
For purposes of this section, sexual relations shall include intentional, inappropriate contact of a sexual nature, including, but not limited to conduct prohibited by section 22 or 24 of chapter 265 or section 2, 3, 35 or 53A of chapter 272.
Brian's Opinion
I believe that while prohibiting sex between social workers and clients or professors and students is admirable, in most cases, these relationships are between two consenting adults. While it can be argued that consent between adults can be coerced, the existing sexual harassment statutes and institutional policies, if enforced, can handle claims among adults.
While ostensibly focused on protecting high school students from predatory teachers, House Bill 1246 does much more than that. It criminalizes sex between social workers, mental health practitioners and clients, and college/university professors and students. Most of these are considered legal adults. The full text of this bill is below:
Section 21A. Any person who is employed by a public or private school or institution of higher learning, the department of youth services, the department of social services, the department of mental health, the department of mental retardation or any private institution providing services to clients of such departments and who in the course of such employment or contract with a pupil or client of such departments or institutions within or outside of any facility thereof or a pupil or client under the direct custodial supervision and control of such person or another person, a pupil or client shall be deemed incapable of consent to sexual relations with such person.
For purposes of this section, sexual relations shall include intentional, inappropriate contact of a sexual nature, including, but not limited to conduct prohibited by section 22 or 24 of chapter 265 or section 2, 3, 35 or 53A of chapter 272.
Brian's Opinion
I believe that while prohibiting sex between social workers and clients or professors and students is admirable, in most cases, these relationships are between two consenting adults. While it can be argued that consent between adults can be coerced, the existing sexual harassment statutes and institutional policies, if enforced, can handle claims among adults.
Saturday, March 14, 2009
Spouse charged with domestic battery for trying to forcibly impregnate wife
A woman from Pittsfield, MA was charged with domestic assault after trying to use her brother's sperm and a turkey baster to impregnate her wife on Tuedsay. According to police reports, Stepanie Lightner, 26, tried to inseminate her wife Jennifer Lightner, 33 with a turkey baster while she was drunk. The victim had said that Stephanie was thinking about impregnating her for "some time."
According to a report by Pittsfield Police Officer Kipp D. Steinman: "Jennifer said that Stephanie had a 'turkey baster and her brother's semen in a sealed container.' Jennifer said she told Stephanie that she didn't want to get pregnant."
The device was actually a large syringe with a catheter tip, police said, and it was still in its original package when officers confiscated the item. That's allegedly when Stephanie threw Jennifer on the couch, grabbed at her clothes and threatened to impregnate her, police said.
Jennifer was able to break free by locking herself in the bathroom, but Stephanie managed to break down the door (and hurt her wrist). Jen attempted to escape in the couple's SUV while Steph tended to the hurt wrist, but managed to jump on the side of the vehicle and swing the door open.
Detective Thomas H. Harrington stated Jennifer declined to press charges for assault with intent to rape because the victim didn't believe "Stephanie was going to sexually assault her with the syringe." These charges can always be brought up at a later time, according to Massachusetts law. Stephanie was released on her own recognizance, and ordered to refrain from violence and show up at Central Berkshire District Court for a pretrial hearing April 29.
According to a report by Pittsfield Police Officer Kipp D. Steinman: "Jennifer said that Stephanie had a 'turkey baster and her brother's semen in a sealed container.' Jennifer said she told Stephanie that she didn't want to get pregnant."
The device was actually a large syringe with a catheter tip, police said, and it was still in its original package when officers confiscated the item. That's allegedly when Stephanie threw Jennifer on the couch, grabbed at her clothes and threatened to impregnate her, police said.
Jennifer was able to break free by locking herself in the bathroom, but Stephanie managed to break down the door (and hurt her wrist). Jen attempted to escape in the couple's SUV while Steph tended to the hurt wrist, but managed to jump on the side of the vehicle and swing the door open.
Detective Thomas H. Harrington stated Jennifer declined to press charges for assault with intent to rape because the victim didn't believe "Stephanie was going to sexually assault her with the syringe." These charges can always be brought up at a later time, according to Massachusetts law. Stephanie was released on her own recognizance, and ordered to refrain from violence and show up at Central Berkshire District Court for a pretrial hearing April 29.
Tuesday, November 18, 2008
Woman held in beatings, object rapes of 16 year old niece
Mara L. Escobar, 35, of Worcester, MA was held on $25,000 bond and ordered to stay away from the 16 year old niece that she allegedly held in a "Cinderella" type situation for 5 years, where the victim suffered beatings, deprivtions as compared with cousins who lived in the same home, and rapes during her last year in servitude.
Arraigned yesterday in Worcester District Court, Escobar was charged with assault and battery, three counts of assault and battery on a child with injury, five counts of assault and battery with a dangerous weapon and two counts of rape of a child with force.
Ms. Escobar was arrested last week after police said she held the girl in a “Cinderella-type situation” for five years, during which Ms. Escobar beat and raped the girl. Police said the girl told a social worker in September that she had been sexually assaulted and physically abused. The social worker notified the Department of Children and Families, which in turn notified the district attorney’s office and Worcester police. Detective Laura J. LaLiberte was the lead investigator for the Special Crimes Division.
Police said that while the girl lived with the woman and her two biological daughters, her mistreatment went beyond physical assault. For example, her daughters’ bedrooms were well-appointed with televisions, DVD players, video games, toys and wall posters. The other girl’s room was Spartan, with bare walls, a bureau, a single bed with one fitted sheet and a single blanket. The girl did the housework, police said.
According to authorities, the rapes, which involved objects such as a rose with thorns, ocured between June 1 last year and September this year. Escobar's next court appearance will be December 12.
Arraigned yesterday in Worcester District Court, Escobar was charged with assault and battery, three counts of assault and battery on a child with injury, five counts of assault and battery with a dangerous weapon and two counts of rape of a child with force.
Ms. Escobar was arrested last week after police said she held the girl in a “Cinderella-type situation” for five years, during which Ms. Escobar beat and raped the girl. Police said the girl told a social worker in September that she had been sexually assaulted and physically abused. The social worker notified the Department of Children and Families, which in turn notified the district attorney’s office and Worcester police. Detective Laura J. LaLiberte was the lead investigator for the Special Crimes Division.
Police said that while the girl lived with the woman and her two biological daughters, her mistreatment went beyond physical assault. For example, her daughters’ bedrooms were well-appointed with televisions, DVD players, video games, toys and wall posters. The other girl’s room was Spartan, with bare walls, a bureau, a single bed with one fitted sheet and a single blanket. The girl did the housework, police said.
According to authorities, the rapes, which involved objects such as a rose with thorns, ocured between June 1 last year and September this year. Escobar's next court appearance will be December 12.
Monday, November 10, 2008
Husband sentenced to life without parole for killing wife, stepson over church attendance
A Brazilian immigrant to Massachusetts was sentenced to life without parole for killing his wife and stepson over her time spent with her church. Superior Court Judge John Lu sentenced Jeremias Bins to the consecutive life terms for 1st degree murder after he was convicted by a Massachusetts jury.
Prosecutors said a bloodied Bins took a cab to the Framingham police station in May 2006, walked in and said he had just bludgeoned his wife and stepson with a hammer. He handed the couple's 5-month-old son, Phillipe, to officers and said, "I'm sorry."
Carla Souza, 37, and her elder [11 year old] son Caique had been found an hour earlier by police who responded to her 911 call.
Souza was an active member of the Framingham ward of the Church of Jesus Christ of Latter-day Saints. About two hours before the killings, Bins called ward members and told them he did not want "you missionaries" at his home any more.
The couple met through the church when Bins, who was learning English as a 2nd language, met Souza, who taught some of the classes. Church members, who knew that Bins did not approve of his wife going to the Mormon Church, were still stunned after learning she was killed over it.
Prosecutors said a bloodied Bins took a cab to the Framingham police station in May 2006, walked in and said he had just bludgeoned his wife and stepson with a hammer. He handed the couple's 5-month-old son, Phillipe, to officers and said, "I'm sorry."
Carla Souza, 37, and her elder [11 year old] son Caique had been found an hour earlier by police who responded to her 911 call.
Souza was an active member of the Framingham ward of the Church of Jesus Christ of Latter-day Saints. About two hours before the killings, Bins called ward members and told them he did not want "you missionaries" at his home any more.
The couple met through the church when Bins, who was learning English as a 2nd language, met Souza, who taught some of the classes. Church members, who knew that Bins did not approve of his wife going to the Mormon Church, were still stunned after learning she was killed over it.
Wednesday, August 6, 2008
Worcester, MA man held on $100,000 bond for attack on girlfriend
Robert P. Abrahamian, 41, remains held in Worcester, MA on $100,000 cash bail for charges stemming from a relationship which a prosecutor characterized as abusive “from beginning to end.” Judge Bruce R. Henry refused a request from his lawyer, Christopher P. LoConto to lower bail to $20,000 cash, an amount which LoConto said Abrahamian’s family may be able to post.
[Abrahamian] is awaiting trial in Worcester Superior Court on two counts each of rape, assault and battery with a dangerous weapon, assault and battery, and single counts of unarmed robbery, larceny of property valued at less than $250 and intimidation of a witness, crimes that allegedly occurred on various dates from July 2, 2007, to Jan. 26 of this year.
While acknowledging that the charges in the case were “very serious,” Mr. LoConto said Mr. Abrahamian denied the allegations against him and had been found not guilty on a charge of assaulting the same woman in the past. Mr. LoConto also said he had information that Mr. Abrahamian and the complaining witness went to Maine together after the crimes against her were alleged to have been committed. LoConto said that his client would abide by an order of protection regarding the victim.
Assistant District Attorney Paula J. Frasso argued that bail remain the same, saying that the two were involved in a “stormy relationship” which lasted over a year before she “couldn’t take it any more” and went to authorities.
[In July 2007, the victim] reported to authorities that Mr. Abrahamian became violent with her when under the influence of crack cocaine and alcohol and also forced her to have sex with him, Ms. Frasso said.
At the end of the hearing, Judge Henry continued the case to August 21 and refused reduction of bail, stating “Based on the serious nature of the charges, I’m not going to reduce the bail.”
[Abrahamian] is awaiting trial in Worcester Superior Court on two counts each of rape, assault and battery with a dangerous weapon, assault and battery, and single counts of unarmed robbery, larceny of property valued at less than $250 and intimidation of a witness, crimes that allegedly occurred on various dates from July 2, 2007, to Jan. 26 of this year.
While acknowledging that the charges in the case were “very serious,” Mr. LoConto said Mr. Abrahamian denied the allegations against him and had been found not guilty on a charge of assaulting the same woman in the past. Mr. LoConto also said he had information that Mr. Abrahamian and the complaining witness went to Maine together after the crimes against her were alleged to have been committed. LoConto said that his client would abide by an order of protection regarding the victim.
Assistant District Attorney Paula J. Frasso argued that bail remain the same, saying that the two were involved in a “stormy relationship” which lasted over a year before she “couldn’t take it any more” and went to authorities.
[In July 2007, the victim] reported to authorities that Mr. Abrahamian became violent with her when under the influence of crack cocaine and alcohol and also forced her to have sex with him, Ms. Frasso said.
At the end of the hearing, Judge Henry continued the case to August 21 and refused reduction of bail, stating “Based on the serious nature of the charges, I’m not going to reduce the bail.”
Guatamalan national sentenced to 7 - 10 years in prison for ex-girlfriend attack in MA
Saul Hernandez, a 31 year old Guatemalan native, was sentenced to 7 to 10 years in prison by Judge Howard J. Whitehead for stabbing his then 28 year old girlfriend and her new boyfriend. Hernandez, whose last address was in Lynn, MA, initially pleaded not guilty, but changed his plea to guilty for charges of mayhem, armed assault with intent to murder and two counts of assault and battery causing serious bodily injury.
On the evening of Aug. 31, Hernandez went to Barnard Hawkes Court in Marblehead where his then 28-year-old former girlfriend let him into her home after he asked to use the bathroom. Once inside, Hernandez pretended to look for something, but instead grabbed a knife with a long blade and slashed her in the face and then stabbed her 22-year-old new boyfriend in the chest when he came to her aid. When police arrived at the scene, two police officers at gunpoint had to pry the knife out of his hands and then he tried to escape down the apartment stairway before being taken into custody by force.
Hernandez was ordered twice to stay away from the ex-girlfriend, but managed to contact her. He was credited for 355 days served in jail. Charges of attempted breaking and entering, resisting arrest, and assault and battery with a deadly weapon were dropped in exchange for his guilty plea.
On the evening of Aug. 31, Hernandez went to Barnard Hawkes Court in Marblehead where his then 28-year-old former girlfriend let him into her home after he asked to use the bathroom. Once inside, Hernandez pretended to look for something, but instead grabbed a knife with a long blade and slashed her in the face and then stabbed her 22-year-old new boyfriend in the chest when he came to her aid. When police arrived at the scene, two police officers at gunpoint had to pry the knife out of his hands and then he tried to escape down the apartment stairway before being taken into custody by force.
Hernandez was ordered twice to stay away from the ex-girlfriend, but managed to contact her. He was credited for 355 days served in jail. Charges of attempted breaking and entering, resisting arrest, and assault and battery with a deadly weapon were dropped in exchange for his guilty plea.
Thursday, July 31, 2008
Wife who died after lingering on life support leads to murder charge
Eugene A. Shade II, 34, of North Adams, MA, was charged with murder yesterday after the wife he allegedly strangled died at the local hospital Wednesday morning. He plead not guilty to murder in Northern Berkshire District Court On July 22, Eugene Shade strangled his wife, 22 year old Julie, and was charged with attempted murder, domestic assault and battery, and assault and battery with a dangerous weapon (a knife) the next day.
The murder happened after an argument where he snapped after discussing separation with his wife. Shade allegedly strangled his wife with a pillow and his hands, then tried to place a knife to her throat, but could’t go through it. He called 911 turned himself in, and let the police videotape him.
Julie Shade's father, James E. Burdick of North Adams, said her mother and grandmother were with her when she died, sometime after midnight.
"We're at a standstill right now," Burdick said. "I have two grandchildren who have no parents, and I'm going to bury a murdered daughter. I'm holding it together with toothpicks right now. I can't tell you how much crying I've done."
He said his daughter had been on life support since July 22 and survived surgery for a collapsed lung on Saturday.
"Every day she kept breathing was a miracle in itself," he said. "She fought with everything she had. She just did not quit at all, but there was only so much she could take."
Burdick and other members of Julie Shade’s family will set up a trust fund for their two daughters, ages 1 and 3. Funeral arrangements was postponed pending the autopsy, which revealed a "preliminary cause of death was listed as cardiac arrest, secondary to strangulation," Judge Michael J. Ripps ordered Shade held without bail and continued the case until September 8. Thew daughters are in the custody of the Department of Social Services.
The murder happened after an argument where he snapped after discussing separation with his wife. Shade allegedly strangled his wife with a pillow and his hands, then tried to place a knife to her throat, but could’t go through it. He called 911 turned himself in, and let the police videotape him.
Julie Shade's father, James E. Burdick of North Adams, said her mother and grandmother were with her when she died, sometime after midnight.
"We're at a standstill right now," Burdick said. "I have two grandchildren who have no parents, and I'm going to bury a murdered daughter. I'm holding it together with toothpicks right now. I can't tell you how much crying I've done."
He said his daughter had been on life support since July 22 and survived surgery for a collapsed lung on Saturday.
"Every day she kept breathing was a miracle in itself," he said. "She fought with everything she had. She just did not quit at all, but there was only so much she could take."
Burdick and other members of Julie Shade’s family will set up a trust fund for their two daughters, ages 1 and 3. Funeral arrangements was postponed pending the autopsy, which revealed a "preliminary cause of death was listed as cardiac arrest, secondary to strangulation," Judge Michael J. Ripps ordered Shade held without bail and continued the case until September 8. Thew daughters are in the custody of the Department of Social Services.
Wednesday, July 30, 2008
Kathie DeFelice, Danvers MA, gets 8 to 13 years for stabbing ex-boyfriend to death
A 48 year old Danvers, MA woman who originally faced 1st degree murder charges for stabbing her ex-boyfriend, a 55 year old house painter, to death will serve 8 to 13 years in a Massachusetts prison after jurors convicted her of manslaughter Thursday, July 24.
After 7 years of an off and on relationship and a restraining order that Kathie DeFelice took out on William Olsen Jr, a housepainter, DeFelice broke her own restraining order to contact Olsen. After two weeks of calling him, with some calls lasting 5 hours, DeFelice invited Olsen back to her apartment on October 30, 2006.
It was there that DeFelice stabbed him with a kitchen knife that entered the center of his chest, pierced his pericardial sac and aorta and caused him to bleed to death within minutes. DeFelice testified that she grabbed the knife from a table and stabbed blindly as Olsen tried to strangle her, provoked, she said, by her request that he stop contacting her family. Then she ran out of the apartment.
But prosecutor Kate MacDougall offered jurors a different scenario, one in which DeFelice was jealous that Olsen had moved on, starting a new relationship, that she was angry because her own new boyfriend had decided to go home for the night, that she felt abandoned, perhaps, when Olsen passed out drunk on the sofa.
Salem Superior Court Judge David Lowy said while sentencing DeFelice,
"Only Ms. DeFelice knows what happened in that room on Oct. 30, 2006, but we know that the jury did not find beyond a reasonable doubt an absence of excessive force in self-defense, heat of passion or sudden combat."
After 7 years of an off and on relationship and a restraining order that Kathie DeFelice took out on William Olsen Jr, a housepainter, DeFelice broke her own restraining order to contact Olsen. After two weeks of calling him, with some calls lasting 5 hours, DeFelice invited Olsen back to her apartment on October 30, 2006.
It was there that DeFelice stabbed him with a kitchen knife that entered the center of his chest, pierced his pericardial sac and aorta and caused him to bleed to death within minutes. DeFelice testified that she grabbed the knife from a table and stabbed blindly as Olsen tried to strangle her, provoked, she said, by her request that he stop contacting her family. Then she ran out of the apartment.
But prosecutor Kate MacDougall offered jurors a different scenario, one in which DeFelice was jealous that Olsen had moved on, starting a new relationship, that she was angry because her own new boyfriend had decided to go home for the night, that she felt abandoned, perhaps, when Olsen passed out drunk on the sofa.
Salem Superior Court Judge David Lowy said while sentencing DeFelice,
"Only Ms. DeFelice knows what happened in that room on Oct. 30, 2006, but we know that the jury did not find beyond a reasonable doubt an absence of excessive force in self-defense, heat of passion or sudden combat."
Friday, June 27, 2008
British citizen sentenced to life without parole for deaths of wife, daughter
WOBURN, Massachusetts (AP) -- A British man convicted of shooting to death his 9-month-old baby and wife as they cuddled in bed showed no reaction Thursday as he was sentenced to two life prison terms without the opportunity for parole.
Neil Entwistle was found guilty Wednesday of two counts of first-degree murder in the 2006 deaths of his wife Rachel and their baby, Lillian Rose, in their rented home in Hopkinton. He fled to his native England afterward.
He claims that his wife killed the baby and then committed suicide.
Prosecutors said he was despondent over mounting debt and dissatisfied over his sex life.
During the brief sentencing hearing, Rachel's mother, Priscilla Matterazzo, called Entwistle's theory of a murder-suicide "low and despicable."
"Suffering does not begin to describe what we have been enduring without our beloved Rachel and Lillian," said Matterazzo, who wore a pink rose on her lapel in memory of her granddaughter. "I have lost two generations of my family."
Matterazzo asked that the life sentences be consecutive, to represent the two generations.
But Middlesex District Court Judge Diane Kottmeyer said that would be only symbolic because there is no chance he'll be released, and she imposed two concurrent life sentences.
Entwistle's family continued to support him.
"There is no way our innocent son Neil is guilty," his father, Clifford Entwistle, said before the sentencing. He refused comment afterward
Neil Entwistle was found guilty Wednesday of two counts of first-degree murder in the 2006 deaths of his wife Rachel and their baby, Lillian Rose, in their rented home in Hopkinton. He fled to his native England afterward.
He claims that his wife killed the baby and then committed suicide.
Prosecutors said he was despondent over mounting debt and dissatisfied over his sex life.
During the brief sentencing hearing, Rachel's mother, Priscilla Matterazzo, called Entwistle's theory of a murder-suicide "low and despicable."
"Suffering does not begin to describe what we have been enduring without our beloved Rachel and Lillian," said Matterazzo, who wore a pink rose on her lapel in memory of her granddaughter. "I have lost two generations of my family."
Matterazzo asked that the life sentences be consecutive, to represent the two generations.
But Middlesex District Court Judge Diane Kottmeyer said that would be only symbolic because there is no chance he'll be released, and she imposed two concurrent life sentences.
Entwistle's family continued to support him.
"There is no way our innocent son Neil is guilty," his father, Clifford Entwistle, said before the sentencing. He refused comment afterward
Thursday, June 12, 2008
Boston lawyer acquitted on two rape charges; third rape charge dropped by prosecutors in Miami
A Boston lawyer, named in 2001 on People magazine’s list of America’s "Most Eligible Bachelors," and even trying out for ABC's show "The Bachelor," is facing charges for grooming young women he "dated" for rape.
Zerola overcame a poor childhood, where he was shifted from foster home to foster home until finally being adopted by a suburban Boston lawyer. He attended Suffolk University, where he graduated with a law degree and public comminications degree.
Trial of Hub's Most Eligible Bachelor on Rape Charges to Start Tomorrow, from the Boston Herald, has more.
"He was bright and articulate," said John E. Fenton Jr., one of Zerola’s law professors. "I don’t remember what he spoke about, but I can tell you he gave an excellent speech."
He worked as a state prosecutor on child abuse and domestic violence cases and became
well-known in philanthropic circles as an advocate for foster children. He started a volunteer group that raised money to buy clothing and gifts for foster kids. He was regularly mentioned in newspaper gossip columns and fetched an $800 bid in a charity dating auction. In 2001, at age 29, Zerola was named one of People’s 50 most eligible bachelors.
In 2000, Zerola opened his own practice, where his clients included drug dealers, and ironically, rape defendants - something he is currently.
In court, he was known for his well-tailored suits, flashy style and the frequent compliments he paid female court employees.
"It’s a rare instance that you see a kid who has been through as many foster family situations as Gary who was able to rise above all of that, not to get into trouble as a kid, not to turn to substance abuse, but to go to college and then to go on and become a lawyer," said Michael Natola, a Boston defense attorney who is a close friend.
Zerola's MO, according to prosecutoirs, is to meet women in bars, charm them, get them back into his apartment or hotel room, then rape them. He stands trail for raping 2 19 year old Massachusetts women back in 2004 and 2006 tomorrow, and then he is scheduled to face charges in Florida for a 3rd sexual assault.
In the 2006 case, he allegedly took the woman shopping at Neiman Marcus, where he bought her a $700 dress and $250 shoes before trying to rape her in his Boston apartment. "He spent some time grooming these girls," prosecutor Suzanne Kontz said during a hearing in November. Zerola is free on $100,000 bail. He and his attorney, Janice Bassil, did not return calls seeking comment.
In the 2004 case, Zerola stands accused of repeatedly raping a woman in his apartment.
In 2006, a woman told police that after the two went out on their first date, she went back to his apartment to use the bathroom. She said that after she turned down Zerola’s sexual advances, he ripped off her dress and underwear, slammed her head against the wall and refused to let her leave. The woman dialed 911 on her cell phone and police tracked the call to Zerola’s apartment using a GPS system.
He violated bail by watching the New England Patriots defeat the Miami Dolphins in person down in Miami. Then according to Florida officials, he went hunting for a 3rd victim, 18, at a Miain Beach club.
A 3rd woman told police she had several drinks with Zerola at a club, then went to his hotel room, where Zerola stuffed pills down her throat. The woman, who told police she was a virgin, said she awoke naked and bleeding in bed beside Zerola. Zerola told police, "I never had sex with her." He would not submit to a DNA test, prosecutors said.
Zerola, whose law license has been suspended, has a website where he announces he's no longer practicing law at this time.
(Update 3-19-08) Zerola, acquitted in the rape of a 19 year old woman in January, is on trial for the rape of a second 19 year old Massachusetts woman. Opening statements were held in Suffolk Superior Court today.
(Update 3-27-08) It's zero for Zerola's prosecutors as he's acquitted of charges in the second of three cases against him. He still faces a Florida trial for an incident after a Dolphins game.
A Suffolk Superior Court jury deliberated 2 hours before returning not guilty verdicts on multiple charges of rape and supplying liquor to a minor. Zerola’s alleged victim and her family clutched each other, wracked with sobs.
The People magazine hunk-turned-hunted told the Herald he was looking forward to “spending time with my family,” but the respite could be short-lived. Zerola, 36, is scheduled to go on trial for sexual battery of a third teen in Miami Beach in late May.
(Update 6-12-08) All charges against Zerola have been dropped. Miami police give credibility issues and lies about drug use and differing versions of events as reasons the Miami charges were dropped.
Zerola overcame a poor childhood, where he was shifted from foster home to foster home until finally being adopted by a suburban Boston lawyer. He attended Suffolk University, where he graduated with a law degree and public comminications degree.
Trial of Hub's Most Eligible Bachelor on Rape Charges to Start Tomorrow, from the Boston Herald, has more.
"He was bright and articulate," said John E. Fenton Jr., one of Zerola’s law professors. "I don’t remember what he spoke about, but I can tell you he gave an excellent speech."
He worked as a state prosecutor on child abuse and domestic violence cases and became
well-known in philanthropic circles as an advocate for foster children. He started a volunteer group that raised money to buy clothing and gifts for foster kids. He was regularly mentioned in newspaper gossip columns and fetched an $800 bid in a charity dating auction. In 2001, at age 29, Zerola was named one of People’s 50 most eligible bachelors.
In 2000, Zerola opened his own practice, where his clients included drug dealers, and ironically, rape defendants - something he is currently.
In court, he was known for his well-tailored suits, flashy style and the frequent compliments he paid female court employees.
"It’s a rare instance that you see a kid who has been through as many foster family situations as Gary who was able to rise above all of that, not to get into trouble as a kid, not to turn to substance abuse, but to go to college and then to go on and become a lawyer," said Michael Natola, a Boston defense attorney who is a close friend.
Zerola's MO, according to prosecutoirs, is to meet women in bars, charm them, get them back into his apartment or hotel room, then rape them. He stands trail for raping 2 19 year old Massachusetts women back in 2004 and 2006 tomorrow, and then he is scheduled to face charges in Florida for a 3rd sexual assault.
In the 2006 case, he allegedly took the woman shopping at Neiman Marcus, where he bought her a $700 dress and $250 shoes before trying to rape her in his Boston apartment. "He spent some time grooming these girls," prosecutor Suzanne Kontz said during a hearing in November. Zerola is free on $100,000 bail. He and his attorney, Janice Bassil, did not return calls seeking comment.
In the 2004 case, Zerola stands accused of repeatedly raping a woman in his apartment.
In 2006, a woman told police that after the two went out on their first date, she went back to his apartment to use the bathroom. She said that after she turned down Zerola’s sexual advances, he ripped off her dress and underwear, slammed her head against the wall and refused to let her leave. The woman dialed 911 on her cell phone and police tracked the call to Zerola’s apartment using a GPS system.
He violated bail by watching the New England Patriots defeat the Miami Dolphins in person down in Miami. Then according to Florida officials, he went hunting for a 3rd victim, 18, at a Miain Beach club.
A 3rd woman told police she had several drinks with Zerola at a club, then went to his hotel room, where Zerola stuffed pills down her throat. The woman, who told police she was a virgin, said she awoke naked and bleeding in bed beside Zerola. Zerola told police, "I never had sex with her." He would not submit to a DNA test, prosecutors said.
Zerola, whose law license has been suspended, has a website where he announces he's no longer practicing law at this time.
(Update 3-19-08) Zerola, acquitted in the rape of a 19 year old woman in January, is on trial for the rape of a second 19 year old Massachusetts woman. Opening statements were held in Suffolk Superior Court today.
(Update 3-27-08) It's zero for Zerola's prosecutors as he's acquitted of charges in the second of three cases against him. He still faces a Florida trial for an incident after a Dolphins game.
A Suffolk Superior Court jury deliberated 2 hours before returning not guilty verdicts on multiple charges of rape and supplying liquor to a minor. Zerola’s alleged victim and her family clutched each other, wracked with sobs.
The People magazine hunk-turned-hunted told the Herald he was looking forward to “spending time with my family,” but the respite could be short-lived. Zerola, 36, is scheduled to go on trial for sexual battery of a third teen in Miami Beach in late May.
(Update 6-12-08) All charges against Zerola have been dropped. Miami police give credibility issues and lies about drug use and differing versions of events as reasons the Miami charges were dropped.
Saturday, June 7, 2008
Drunken, jealous ex-boyfriend sentenced to 4 to 5 years for rape
Christopher J. Houghton, a 21 year old Marblehead man who raped and tried to kill his ex-girlfriend in a drunken fit of jealousy back in 2006, will be spending the next 4 to 5 years in prison and ordered to spend another five years on probation under conditions explained below. Failure to follow the conditions will lead to a mandatory 10 year prison sentence.
After hearing from the victim last week after Salem Superior Court Judge David A. Lowy gave Houghton an initial 3 year sentence, Lowy decided to give Houghton a week to withdraw his guilty plea, which he didn't. Houghton's family members wept and the victim's mother sat in the courtroom silently as Houghton accepted the 4 to 5 year term. A letter from a social worker blaming the victim did not sway him, and that he took into account all factors.
Victim blaming did not just come from that social worker. The victim, according to the judge, was ostracized and taunted and was forced to move away from the community where her family, including her mother, had lived for 150 years.
In handing down the punishment, Lowy said he felt his punishment was "appropriate" and that he considered all the complicating issues involved in the case, Houghton's background, the victim and her family.
The judge echoed prosecutor Kate MacDougall in saying that the victim, a teenage girl, may have made some "bad choices."
"It doesn't mean that she should become a victim of rape and almost be killed," the judge said.
Houghton and the victim, who began dating in high school, had a tumultuous on-again, off-again relationship, MacDougall said last week.
He praised the victim, saying she has "gone through a lot" while pointing out she was a "victim of rape, who was almost killed and was ostracized and taunted."
While on probation, Houghton will be monitored by a GPS device. He is to receive mental health and substance abuse treatment and counseling, he must register as a sex offender, not to consume any alcohol, enter and complete a batterers program and have no contact with his accuser.
On the night of Dec. 16, 2006, Houghton's former girlfriend, then 19, went to dinner with a friend, but kept Houghton advised of her whereabouts on her cell phone through text messages, trying to elude Houghton from becoming enraged with jealousy, even though she had told him she wanted to break off their relationship.
She returned to her Atlantic Avenue home around midnight and went to sleep. Later she was awoken by Houghton, who smelled of alcohol, as he was ripping her pajamas off, squeezing her breasts and calling her derogatory names while accusing her of having sexual relations with her date.
He raped her, threw her on the floor, stomped on her, threw her into a closet, took the door off the hinges and tossed it at her as she was curled in a fetal position in the closet. He smashed a mirror in the bathroom, raped her again, bit at her cheeks, and began choking her as he kept telling her, "You did this to yourself."She played dead as he choked her, until she vomited, and he then shoved her head into the broken mirror in the bathroom.
She finally managed to get to the phone and dial 911, before Houghton grabbed the cord out of the phone and threw the phone across the room.Realizing police were on their way, Houghton partially dressed and took off but was stopped by police on Atlantic Avenue.His alcohol blood level was .19, more than twice the legal limit.
Houghton was immediately taken into custody, He was indicted back in January 2007.
The prosecuting attorney was Assistant District Attorney Kate B. MacDougall and the defense attorney was Robert N. Weiner.
After hearing from the victim last week after Salem Superior Court Judge David A. Lowy gave Houghton an initial 3 year sentence, Lowy decided to give Houghton a week to withdraw his guilty plea, which he didn't. Houghton's family members wept and the victim's mother sat in the courtroom silently as Houghton accepted the 4 to 5 year term. A letter from a social worker blaming the victim did not sway him, and that he took into account all factors.
Victim blaming did not just come from that social worker. The victim, according to the judge, was ostracized and taunted and was forced to move away from the community where her family, including her mother, had lived for 150 years.
In handing down the punishment, Lowy said he felt his punishment was "appropriate" and that he considered all the complicating issues involved in the case, Houghton's background, the victim and her family.
The judge echoed prosecutor Kate MacDougall in saying that the victim, a teenage girl, may have made some "bad choices."
"It doesn't mean that she should become a victim of rape and almost be killed," the judge said.
Houghton and the victim, who began dating in high school, had a tumultuous on-again, off-again relationship, MacDougall said last week.
He praised the victim, saying she has "gone through a lot" while pointing out she was a "victim of rape, who was almost killed and was ostracized and taunted."
While on probation, Houghton will be monitored by a GPS device. He is to receive mental health and substance abuse treatment and counseling, he must register as a sex offender, not to consume any alcohol, enter and complete a batterers program and have no contact with his accuser.
On the night of Dec. 16, 2006, Houghton's former girlfriend, then 19, went to dinner with a friend, but kept Houghton advised of her whereabouts on her cell phone through text messages, trying to elude Houghton from becoming enraged with jealousy, even though she had told him she wanted to break off their relationship.
She returned to her Atlantic Avenue home around midnight and went to sleep. Later she was awoken by Houghton, who smelled of alcohol, as he was ripping her pajamas off, squeezing her breasts and calling her derogatory names while accusing her of having sexual relations with her date.
He raped her, threw her on the floor, stomped on her, threw her into a closet, took the door off the hinges and tossed it at her as she was curled in a fetal position in the closet. He smashed a mirror in the bathroom, raped her again, bit at her cheeks, and began choking her as he kept telling her, "You did this to yourself."She played dead as he choked her, until she vomited, and he then shoved her head into the broken mirror in the bathroom.
She finally managed to get to the phone and dial 911, before Houghton grabbed the cord out of the phone and threw the phone across the room.Realizing police were on their way, Houghton partially dressed and took off but was stopped by police on Atlantic Avenue.His alcohol blood level was .19, more than twice the legal limit.
Houghton was immediately taken into custody, He was indicted back in January 2007.
The prosecuting attorney was Assistant District Attorney Kate B. MacDougall and the defense attorney was Robert N. Weiner.
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