Saturday, September 20, 2014 03:57am
North Adams, MA now: 46 °   
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
1
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      
News Headlines
Last of Pittsfield Parks Bossidy Bucks Spent on Backstops
Campers Filling Field for Annual FreshGrass Festival
Cheshire Property Tax Rate Rising for 2015
Clark Offers Special Free Hours for Magna Carta Exhibit
Two Fundraisers Planned For Local Girl's Walk to Cure Diabetes Team
KJ's Dance With Me Enrolling Students
'The Drop': Tells a Low-Down Tale
North Adams Happenings: Sept. 17-23
Children's Etiquette Classes Scheduled
Clark Art Receives $118,000 to Digitize Book Collection
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 (4)
Hinsdale (2)
Lanesborough (12)
Lee (11)
Lenox (9)
Monterey (0)
Mount Washington (0)
New Ashford (3)
New Marlborough (1)
North Adams (124)
Otis (2)
Peru (1)
Pittsfield (134)
Pownal (9)
Readsboro (9)
Richmond (8)
Sandisfield (2)
Savoy (4)
Sheffield (2)
Stamford (25)
State (1)
Stockbridge (4)
Tyringham (1)
Washington (1)
West Stockbridge (1)
Williamstown (48)
Windsor (1)
Archives:
September 2014 (11)
August 2014 (21)
July 2014 (13)
June 2014 (16)
May 2014 (15)
April 2014 (10)
March 2014 (12)
February 2014 (2)
Tags:
Crash Oxycodone Buglaries Stabbing Fraud Missing Arrest Rape Assault Fatal Armed Robbery Homicide Drug Charges Drugs Robbery Missing Persons Dui Structure Fire Embezzlement Murder Injuries Crime Watch Police Motor Vehicle Motor Vehicle Accident Break-ins Shooting Vehicle Accident Larceny Veremko Cocaine Search Fire Mvi
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
Kincaid Pleads Guilty to Aggravated Rape
North Adams Man Arraigned on Child Porn Charges
Cariddi Auto Sales Burns
Donations Reach State Road Fire Victims
Pittsfield Police Identify Parking Garage Death
Mayor's Wife Arrested for Shoplifting
Recent Entries:
Superior Court Briefs: Sept. 16 - Sept. 18
Possible Abduction Attempt in South Berkshire
Superior Court Briefs: Sept. 8 - Sept. 11
Pittsfield Police Log: Sept. 9 - Sept. 15
Two-Car Accident Detours Traffic in North Adams
North Adams Police Searching for Armed Robbery Suspect
Pittsfield Police Log: Sept. 6 - Sept. 8
Pittsfield Police Log: Sept. 2 - Sept. 5.
Superior Court Briefs: Sept. 2 - Sept. 4
Former Lee Police Chief Facing Federal Charges


View All
Girls Soccer: Lenox vs Hoosac
Hoosac Valley posts an 8-2 win over Lenox.
Walk a Mile at 3rd Thursday
The annual Walk a Mile in Her Shoes, kicking of September's...
Barrington Stage BYP Social
Berkshire Young Professionals were at the Barrington Stage...
Soccer: Wahconah vs...
The Pittsfield boys’ soccer team had the complete package...
Soccer: Taconic vs Drury
Drury boys soccer 3-1 loss to Taconic, Wednesday afternoon....
Golf: Monument vs Mount...
Two standout rounds for Mount Greylock and one standup move...
Volleyball: Lee vs Mount...
Lee 3, Mount Greylock 0, The visiting Wildcats won 25-23,...
Soccer: Mount Greylock vs...
Eric Hirsch scored twice and set up two goals to lead the...
Josh Billings RunAground 2014
The team from Pittsfield's Allen Heights Veterinary won the...
Football: Amherst vs Williams
Football: Amherst vs Williams in a scrimmage on Saturday...
Girls Soccer: Drury vs...
Taconic girls soccer team took a 3-2 win over Drury on...
Football: Wahconah vs...
The Wahconah Warriors tamed the Chicopee Colts 44-6 at home...
Football: Taconic vs...
The Taconic Braves ran over the Cathedral Panthers 20-8 at...
Youth Center Chair Reception...
Inspired seating was on display Saturday night in the...
Volleyball: Mount Greylock vs...
Mount Greylock bested Wahconah 3-2 on Wednesday night at...
Northern Berkshire Food Fest...
Hundreds flocked to Main Street on Sunday for the annual...
Girls Soccer: Lenox vs Hoosac
Hoosac Valley posts an 8-2 win over Lenox.
Walk a Mile at 3rd Thursday
The annual Walk a Mile in Her Shoes, kicking of September's...
Barrington Stage BYP Social
Berkshire Young Professionals were at the Barrington Stage...
Soccer: Wahconah vs...
The Pittsfield boys’ soccer team had the complete package...
Soccer: Taconic vs Drury
Drury boys soccer 3-1 loss to Taconic, Wednesday afternoon....
| 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