Thursday, August 27, 2015 05:04pm
North Adams, MA now: 70 °   
Send news, tips, press releases and questions to info@iBerkshires.com
The Berkshires online guide to events, news and Berkshire County community information.
LOG IN | REGISTER NOW   

Home About Archives RSS Feed
Kincaid Pleads Guilty to Aggravated Rape
By: Staff Reports On: 04:56PM / Monday September 20, 2010

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      
News Headlines
Triad Holds Annual Picnic at Greylock Club Pavilion
Adams Inviting Residents to Get Involved in Strategic Planning Process
Adams to Look Into Expanding Solid Waste Services
Mount Greylock Officials Make Case for School District
Economist Urges Berkshires To Build Around Strong Non-Profit Economy
North Adams Committee Reviewing Online Information Access
BRTA Details Regional Transit Plan
Williamstown Selectmen Debate Cost Saving Vs. 'Green' Action
Mercier Named Administrator of Mount Carmel Care Center in Lenox
The Classical Beat: Chamber Concerts Blossom Throughout Region

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 (41)
Alford (0)
Becket (6)
Cheshire (9)
Clarksburg (28)
Dalton (5)
Egremont (0)
Florida (4)
Great Barrington (9)
Hancock (5)
Hinsdale (3)
Lanesborough (14)
Lee (11)
Lenox (9)
Monterey (0)
Mount Washington (0)
New Ashford (4)
New Marlborough (1)
North Adams (151)
Otis (2)
Peru (2)
Pittsfield (159)
Pownal (10)
Readsboro (11)
Richmond (8)
Sandisfield (2)
Savoy (5)
Sheffield (2)
Stamford (26)
State (1)
Stockbridge (4)
Tyringham (1)
Washington (1)
West Stockbridge (1)
Williamstown (54)
Windsor (2)
Archives:
August 2015 (15)
July 2015 (15)
June 2015 (7)
May 2015 (13)
April 2015 (10)
March 2015 (10)
February 2015 (7)
January 2015 (5)
December 2014 (18)
Tags:
Buglaries Cocaine Assaults Structure Fire Robbery Arrest Stabbing Assault Police Drugs Drug Charges Homicide Heroin Larceny Fire Accident Mvi Veremko Crash Fraud Crime Watch Police Investigation Dui Break-ins Vehicle Rape Injuries Fatal Armed Robbery Murder Missing Persons Motor Vehicle Accident Motor Vehicle Search Shooting
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
Fatal Accident Closes Route 8 in Adams
Recent Entries:
Superior Court Briefs: Aug. 24 - Aug. 27
Lanesborough Police Warn Of Home Breaks
Pittsfield Man Accused of Setting New York Thurway Shed On Fire
Police Seize $32K Worth of Heroin From North Adams Home
Adams Fire Department Douses Grease Blaze
Motorist Crashes Fence at North Adams Ambulance
Superior Court Briefs: Aug. 10 - Aug. 13
North Adams Woman Found Guilty Of Social Security Fraud
Two Pittsfield Stores Robbed At Knifepoint
Superior Cout Briefs: Aug. 3 - Aug. 6


Whitman's Wins Torchia League...
The Pat Torchia Women's Softball League playoffs concluded...
Berkshires Craft Beer Fest...
The 9th annual Western Mass beer festival drew hundreds of...
Pat Torchia Women's Softball...
Whitman's took the first game in the best two out of three...
Third Thursday August 2015
It was another beautiful night for 3rd Thursday on North...
Berkshire Chamber @ Darrow...
The Berkshire Chamber of Commerce held its monthly...
Shire City Sessions August...
Wild Adriatic performs at Monday's Shire City Sessions, a...
BYP Networking @WTF
The Berkshire Young Professionals held its networking event...
Softball: VFW Post vs Pizza...
VFW Post vs Pizza House at DiSanti field on Monday night.
Second Cheshire Block Party
Cheshire resident enjoyed good food and music by the...
Downtown Celebration 2015
The annual Downtown Celebration brought hundreds to Main...
Pittsfield Ethnic Fair
Pittsfield Ethnic Fair was held at the Pittsfield Common on...
Annual Cruz Nite And...
Cheshire residents enjoyed classic cars, good food, a BMX...
Adams National Night Out 2015
Adams recognized its first responders on Tuesday night...
National Night Out 2015
Neighborhoods in North Adams marked the annual National...
Adams Aggie Demo Derby 2015
Crash! Boom! Bang! The annual Aggie Fair demolition derby...
Blue Moon Rooftop Party
Partygoers danced under a blue moon atop Greylock Gardens...
Whitman's Wins Torchia League...
The Pat Torchia Women's Softball League playoffs concluded...
Berkshires Craft Beer Fest...
The 9th annual Western Mass beer festival drew hundreds of...
Pat Torchia Women's Softball...
Whitman's took the first game in the best two out of three...
Third Thursday August 2015
It was another beautiful night for 3rd Thursday on North...
Berkshire Chamber @ Darrow...
The Berkshire Chamber of Commerce held its monthly...
| Home | A & E | Business | Community News | Dining | Real Estate | Schools | Sports & Outdoors | Berkshires Weather | Weddings |
Advertise | Recommend This Page | Help Contact Us
iBerkshires.com is owned and operated by: Boxcar Media 102 Main Street, North Adams, MA 01247 -- T. 413-663-3384 F.413-664-4251
© 2012 Boxcar Media LLC - All rights reserved

Privacy Policy| User Agreement