Thursday, November 27, 2014 06:07pm
North Adams, MA now: 27 °   
Send news, tips, press releases and questions to info@iBerkshires.com
The Berkshires online guide to events, news and Berkshire County community information.
SIGN IN | REGISTER NOW   

Home About Archives RSS Feed
Kincaid Pleads Guilty to Aggravated Rape
By: Staff Reports On: 04:56PM / Monday September 20, 2010
Important
0
Interesting
0
Funny
1
Awesome
0
Infuriating
2
Ridiculous
0

PITTSFIELD, Mass. — It's taken almost exactly a dozen years, two trials and numerous twists and turns through the court system to conclude the prosecution of Aaron Kincaid of Lenox.

Kincaid, 36, pleaded guilty in Berkshire Superior Court on Monday morning to four counts of aggravated rape from an assault on a then 27-year-old woman on Sept. 24, 1998.

He was ordered by Judge John Agostini to serve concurrent 719-day sentences, or time already served, on the four charges at the Massachusetts Correctional Institute at Cedar Junction on the recommendation of the district attorney and his attorney. He was also placed on two years' probation on the condition he have no contact with the victim and a witness during the probationary period.

"We do not always achieve all that we aspire to in every case," said District Attorney David F. Capeless in a statement. "Today's sentence is not what was handed down back in 2001, but we have realized something else, something even more significant in this singular case – a vindication of the victim and the other witnesses after all these years, an affirmation under oath that they had, indeed, told the truth."

Kincaid was guilty of the same four charges in Superior Court in September 2001 and was ordered by Judge Thomas Curley to serve concurrent 15- to 18-year sentences in Walpole.

In May 2002, Kincaid filed a motion for a new trial and a post-verdict inquiry of the jurors. He alleged that the jury learned that a co-defendant, Richard C. Lampron Jr., had fled the state. Curley, who died in 2005, interviewed all the jurors and ordered a new trial for Kincaid.  


Coverage of Kincaid and Jansen's 2006 trial

Appellate Court 2009 opinion on  Kincaid and Jansen's requests for dismissal


The district attorney's office appealed the ruling and the Appeals Court agreed with the prosecution that any information about Lampron's flight came from juror speculation and not from some outside sources and that the evidence at trial permitted the jurors to infer that Lampron had fled. The court also ruled that the overwhelming evidence of Kincaid's guilt outweighed any influence that this information may have had upon the jury.  

The Supreme Judicial Court granted further appellate review of the Appeals Court's decision and affirmed Curley's order allowing a new trial for Kincaid. His second trial in December 2006 before Agostini resulted in a mistrial after the jury failed to deliver a verdict. Kincaid subsequently filed a motion to dismiss the indictments on double jeopardy grounds in the Superior Court. Agostini denied the motion and the Appeals Court affirmed the Superior Court's order.

Lampron was captured in Pennsylvania in 2002 and subsequently charged; he was sentenced to seven to 10 years in 2005, which he is serving concurrently with a similar sentence for his conviction on another rape in 1999. A third man, William E. Jansen of Pittsfield, was charged in October 2005. He was prosecuted along with Kincaid in the trial that ended with a hung jury. Both he and Kincaid attempted to have the charges dismissed but an Appeals Court last December upheld the indictments.

The three men were sharing an apartment in Lee when Jansen allegedly videotaped a masked Lampron and Kincaid have sex with the woman. The tape never surfaced but witnesses who saw it say the woman appeared to have been incapacitated.

Capeless, who as first assistant district attorney was the prosecuter at Kincaid's first trial, had high praise for the victim and the police investigators who have made numerous court appearances since 2000. 

"I have made every effort during the past 10 years to ensure that these horrible crimes were fully investigated and vigorously prosecuted, and that the convictions obtained were forcefully defended," he said. "I am gratified that our work and the decision of the first jury has finally been vindicated. The convictions in this case came about only as the result of a dogged, professional investigation by State Police Trooper Brian Berkel, the stoic persistence of the victim in seeing the case through, the commendable actions of the other witnesses in coming forward with their information, and the support and compassion shown to these persons by victim assistance advocate Mary Shogry. I am particularly pleased for all of them."



Tags: rape, Kincaid, Lampron, Jansen      
Page 2 of 2 1  2  
News Headlines
Guest Column: Keeping Your Pet Safe This Holiday
Thanksgiving Greetings
North Adams Church Welcomes New Pastor & Music Director
Lanesborough Outlines 250th Celebration Calendar
'Dumb and Dumber To': It Sure Is
Williamstown Chamber Executive Director Departing
Selectmen May Seek Peer Review of Dollar General Traffic Study
Oh Be Thankful Pie Auction Raises Funds for Charities
Pittsfield Council Accepts School Budget Law, Denies Hiring Authority Plan
Holiday Hours: Thanksgiving
Crimewatch Links

North Adams CrimeWatch

Stamford/Clarksburg CrimeWatch

Pittsfield CrimeWatch

Emergency: 911
Adams 413-743-1212
Clarksburg 413-663-7795
Cheshire 413-743-1501
Dalton 413-684-0300
Great Barrington 413-528-0306
Lanesborough 413-443-4107
Lee 413-243-2100
Lenox 413-637-2346
North Adams 413-664-4944
Pittsfield 413-448-9700
Richmond 413-698-3315
Stockbridge 413-298-4179
Williamstown 413-458-5733
West Stockbridge 413-232-7938
State Police  
Cheshire Barracks
413-743-4700
Lee Barracks 413-243-0600
Shaftsbury, Vt., Barracks 802-442-3263

 



Categories:
Adams (33)
Alford (0)
Becket (6)
Cheshire (9)
Clarksburg (27)
Dalton (4)
Egremont (0)
Florida (4)
Great Barrington (9)
Hancock (5)
Hinsdale (2)
Lanesborough (13)
Lee (11)
Lenox (9)
Monterey (0)
Mount Washington (0)
New Ashford (3)
New Marlborough (1)
North Adams (131)
Otis (2)
Peru (1)
Pittsfield (139)
Pownal (9)
Readsboro (10)
Richmond (8)
Sandisfield (2)
Savoy (4)
Sheffield (2)
Stamford (25)
State (1)
Stockbridge (4)
Tyringham (1)
Washington (1)
West Stockbridge (1)
Williamstown (49)
Windsor (1)
Archives:
November 2014 (11)
October 2014 (10)
September 2014 (14)
August 2014 (21)
July 2014 (13)
June 2014 (16)
May 2014 (15)
Tags:
Vehicle Fatal Larceny Stabbing Dui Drugs Motor Vehicle Armed Robbery Accident Crime Watch Missing Persons Robbery Police Murder Fire Veremko Homicide Assaults Shooting Fraud Cocaine Rape Embezzlement Buglaries Search Assault Motor Vehicle Accident Scam Mvi Injuries Crash Arrest Drug Charges Structure Fire Break-ins
Popular Entries:
Great Barrington Crashes Leave Two Dead
North Adams Woman Killed in Route 2 Crash
North Adams Man Crashes SUV Into Home
Man Killed by Bull in Clarksburg
North Adams Man Arraigned on Child Porn Charges
Kincaid Pleads Guilty to Aggravated Rape
Cariddi Auto Sales Burns
Donations Reach State Road Fire Victims
Pittsfield Police Identify Parking Garage Death
Mayor's Wife Arrested for Shoplifting
Recent Entries:
Pittsfield Police Seize 63 lbs. of Marijuana, Cash, Stolen Gun
Superior Court Briefs: Nov. 17 - Nov. 19.
Man Involved in Shooting At Pittsfield Big Y Dies
Firefighters' Quick Response Saves Readsboro Home
Fire Displaces Pittsfield Family of Five
Superior Court Briefs: November 12 - November 13
Report: Pittsfield Experiences Most Violent August in Years
Two People Airlifted To Albany Medical Following Crash In Hancock
Superior Court Briefs: Oct. 28 - Nov. 6
North Adams Man Arrested in Rash of Dumpster Fires


View All
Abbott School Pie Auction...
Gabriel Abbott Memorial School's annual Oh Be Thankful Pie...
Wahconah Football Reaches...
Salvatore grabbed the ball out of the air and sprinted 95...
Proud Pittsfield Fights to...
Pittsfield’s run in the postseason came to end on Westfield...
McCann Football's Run Ends in...
The McCann Tech Hornets road to Gillette Stadium and a...
Berkshire Chamber Showcase...
The Berkshire Chamber of Commerce held its Business 2...
Berkshire Grown Holiday...
Berkshire Grown held its Holiday Market in Williamstown on...
Wizards at Hoosac Valley
The Harlem Wizards faced off against Hoosac Valley staff...
St. Mary's Church Tour in...
Residents, business people, elected officials and Friends...
Williamstown's Mather House...
Traffic came to halt for several hours Wednesday morning as...
Girls Soccer: Nipmuc vs...
Although the Wahconah girls' season ended on Tuesday, its...
Boys Soccer: Belchertown vs...
Belchertown Downs Mount Greylock Boys in PKs
Football: Pittsfield vs...
Shade himself ended up taking it in from the 1 on third and...
Football: Turners Falls vs...
After completing the first-ever undefeated regular season...
Festival of Trees 2014
The Berkshire Museum kicked off its Festival of Trees...
Farmers' & Artisans' Harvest...
organic and handcrafted goods were sold at the special...
Football: Agawam vs Wahconah
The Wahconah football team was down eight points heading...
Abbott School Pie Auction...
Gabriel Abbott Memorial School's annual Oh Be Thankful Pie...
Wahconah Football Reaches...
Salvatore grabbed the ball out of the air and sprinted 95...
Proud Pittsfield Fights to...
Pittsfield’s run in the postseason came to end on Westfield...
McCann Football's Run Ends in...
The McCann Tech Hornets road to Gillette Stadium and a...
Berkshire Chamber Showcase...
The Berkshire Chamber of Commerce held its Business 2...
| Home | A & E | Business | Community News | Dining | Real Estate | Schools | Sports & Outdoors | Berkshires Weather | Weddings
Advertise | Recommend This Page | Help Contact Us | Privacy Policy| User Agreement
iBerkshires.com is owned and operated by: Boxcar Media 102 Main Street, North Adams, MA 01247 -- T. 413-663-3384 F.413-664-4251
© 2000 Boxcar Media LLC - All rights reserved