Home About Archives RSS Feed

Kincaid Pleads Guilty to Aggravated Rape

Staff Reports

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."

0 Comments
Tags: rape, Kincaid, Lampron, Jansen      

Support Local News

We show up at hurricanes, budget meetings, high school games, accidents, fires and community events. We show up at celebrations and tragedies and everything in between. We show up so our readers can learn about pivotal events that affect their communities and their lives.

How important is local news to you? You can support independent, unbiased journalism and help iBerkshires grow for as a little as the cost of a cup of coffee a week.

News Headlines
EPA Calms City Council's Concerns Over Hill 78, Building 71
Mount Greylock Committee Finalizes Teacher Contracts, Talks Calendar Reorganization
Farley-Bouvier Pushes Bill to Raise Tipped Workers Minimum Wage
Mount Greylock Gets Access to School's Auditorium
Lanesborough Cal Ripken Opens Registration for 2019
Berkshire House Delegation Gets Committee Assignments
McCann School Committee Endorses $9.6M Budget for Fiscal 2020
Williamstown Looking at Hike in Transfer Station Sticker Prices
Computer Bug Offers Expanded Services in New Location
Berkshire Bruins Take Three Banners at Kittredge Tourney

Police Logs

Pittsfield Police

North Adams

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 (73)
Alford (0)
Becket (7)
Cheshire (20)
Clarksburg (39)
Dalton (5)
Egremont (2)
Florida (7)
Great Barrington (25)
Hancock (5)
Hinsdale (4)
Lanesborough (27)
Lee (14)
Lenox (11)
Monterey (0)
Mount Washington (0)
New Ashford (5)
New Marlborough (1)
North Adams (223)
Otis (2)
Peru (2)
Pittsfield (269)
Pownal (14)
Readsboro (15)
Richmond (7)
Sandisfield (5)
Savoy (5)
Sheffield (2)
Stamford (31)
State (1)
Stockbridge (5)
Tyringham (1)
Washington (1)
West Stockbridge (1)
Williamstown (75)
Windsor (3)
Archives:
February 2019 (10)
January 2019 (13)
December 2018 (13)
November 2018 (13)
October 2018 (11)
September 2018 (12)
August 2018 (12)
July 2018 (12)
June 2018 (4)
Tags:
Fire Larceny Veremko Fatal Motor Vehicle Accident Police Investigation Missing Persons Vehicle Firearms Structure Fire Drugs Stabbing Pedestrians Armed Robbery Accident Heroin Mvi Fraud Search Break-ins Homicide Assault Rape Murder Assaults Robbery Shooting Hit & Run Drug Charges Police Scam Crime Watch Injuries Buglaries Motor Vehicle
Popular Entries:
Great Barrington Crashes Leave Two Dead
North Adams Woman Killed in Route 2 Crash
Man Killed by Bull in Clarksburg
Clarksburg Selectman Responds
North Adams Man Crashes SUV Into Home
Clarksburg Talks Burglary
North Adams Man Arraigned On Charges Of Animal Cruelty; Pleads Not Guilty
Kincaid Pleads Guilty to Aggravated Rape
Fatal Accident Closes Route 8 in Adams
North Adams Man Arraigned on Child Porn Charges
Recent Entries:
Superior Court Briefs: Feb. 13
Bomb Threat Forces Evacuation Of Spectrum Health In Pittsfield
Adams Man Charged in Drug Importation Scheme
North Adams Firefighters Respond to Stove Fire
Crash in Cheshire Kills Adams Man
Superior Court Briefs: Feb 5 - Feb. 7
North Adams Firefighters Douse Basement Garage Fire
Pittsfield Police Seek Info On Attempted Gas Station Robbery
Pittsfield Man Shot By Police During Pursuit Found Guilty of Reckless Driving
Dog-Walking Pedestrian Struck by Car on Main Street