Ex-Prosecutor Acquitted in 2nd Sex Case, Still Faces 3rd Trial
A former prosecutor in the Boston area has been acquitted in a sex crime case, marking the second time this year that he has won a trial in which he was accused of an actual or attempted rape.
However, after the jury verdict in his favor yesterday, Gary Zerola still faces yet another trial in Florida, concerning the alleged sexual assault last fall of an 18-year-old woman at a Miami hotel, reports the Boston Globe. He has pleaded not guilty.
The two cases in which he has been acquitted by Suffolk Superior Court juries within the past three months involved a claimed rape and attempted rape of two different 19-year-old women in his Boston apartment in 2004 and 2006, respectively.
Because Zerola, 36, formerly worked as a prosecutor in the Suffolk district attorney’s office, his cases were tried by the office of Middlesex District Attorney Gerard T. Leone Jr.
“We put our best case forward, and while disappointed, we accept today’s verdict and thank the jury for their service,” Leone says in a written statement. “We also continue to be troubled when evidence that we believe is critical for a jury’s complete and full consideration is excluded in a case.” That comment apparently refers to the fact that the jury was not permitted to be told about the other sex-crime accusations made against Zerola.
Hank Brennan, a lawyer for Zerola, tells the newspaper that he hopes the two acquittals will persuade Miami authorities to drop the case against his client in Florida.
As discussed in an earlier ABAJournal.com post, Zerola, who was named a most-eligible bachelor by People magazine in 2001, reportedly had a troubled childhood.
Additional coverage:
Boston Herald: “Zerola found not guilty in 2nd rape rap”
Boston Herald: “Zerola defense: Alleged victim’s ex testifies about money-talk”
Boston Globe: “Defense in teen rape trial says Zerola is real victim”
