Home About Archives RSS Feed

Decade-Old Lee Rape Case Comes To End

Andy McKeever

PITTSFIELD, Mass. — It may have been quite the debacle and took more than a decade but the prosecutions of three men accused of raping a women in Lee in 1998 have come to an end.

William Jansen, 35, of Pittsfield pleaded guilty in Berkshire Superior Court to one count of concealing or compounding a felony Wednesday and placed on two-years probation. Jansen was accused of videotaping Aaron Kincaid and Richard Lampron rape a woman in their Lee apartment in 1998.

Jansen pleaded guilty to misleading investigators about his own and the other two men's actions.

Last fall, Kincaid pleaded guilty to four counts of aggravated rape on the then 27-year-old woman after multiple trials. Lampron 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.

The case had taken a lot of twists and turns, with mistrials and Lampron fleeing the state prior to the first trial.

Tags: rape, Lampron, Kincaid      

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."

Tags: rape, Kincaid, Lampron, Jansen      
Page 1 of 1 1  

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
North Adams, Hoosic River Revival to Host Meeting About Flood Control
Berkshire Natural Resources Council Welcomes Director of Advancement
Dalton Division Road Project in Pre-25 Percent Design Stage
Greylock School Geothermal Funding Raises Concerns
Ecu-Health Care Awarded Health Care Grant
Butternut Fire Expands to Sheffield, Covering 1,100 Acres
Dalton Water Chief Says Lead in Lines Unlikely
Lenox Library to Host Book Signing with Award-Winning Illustrator
Harvest Festivals and Craft Fairs 2024
Local Stop & Shop Inventory Still Low After Cyber Attack

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 (92)
Alford (0)
Becket (8)
Cheshire (23)
Clarksburg (41)
Dalton (6)
Egremont (2)
Florida (9)
Great Barrington (34)
Hancock (5)
Hinsdale (5)
Lanesborough (30)
Lee (14)
Lenox (11)
Monterey (0)
Mount Washington (1)
New Ashford (4)
New Marlborough (2)
North Adams (248)
Otis (2)
Peru (3)
Pittsfield (318)
Pownal (16)
Readsboro (17)
Richmond (10)
Sandisfield (5)
Savoy (6)
Sheffield (5)
Stamford (31)
State (1)
Stockbridge (6)
Tyringham (1)
Washington (1)
West Stockbridge (1)
Williamstown (79)
Windsor (3)
Archives:
Tags:
Drugs Police Investigation Buglaries Rape Veremko Pedestrians Armed Robbery Larceny Motor Vehicle Accident Vehicle Injuries Burglary Assaults Robbery Murder Stabbing Break-ins Missing Persons Accident Motor Vehicle Fraud Motorcycles Hit & Run Shooting Heroin Drug Charges Fatal Crime Watch Mvi Fire Search & Rescue Search Homicide Structure Fire Assault
Popular Entries:
Superior Court Briefs: March 14 - March 16
Fatal Accident Closes Route 8 in Adams
Superior Court Briefs: May 2 - May 6
Woman Pleads Guilty in Sandisfield Fatal Crash
Superior Court Briefs: March 28 - March 31
Pittsfield Woman Pleads Guilty in Husband's Slaying
Superior Court Briefs: May 18 - 19
Superior Court Briefs: March 23 - March 24
Superior Court Briefs: March 8 - March 11
New Ashford Crash Turns Fatal for Williamstown Man
Recent Entries:
State Police Bust $3M Illegal Pot Growing Operation in Savoy
First-Responders Searching for Lost Hiker on Mount Greylock
Pittsfield Driver Injured in Elm Street Accident
North Adams Police Investigate Possible Shooting Incident
Williamstown Police Looking into Cemetery Vandalism
Florida Woman Dies in Motorcycle Accident
Pittsfield Fire Responds to Kitchen Blaze
Juvenile Arrested in North Adams Shooting
North Adams Police Seeking Information on Shooting Incident
Pittsfield Police Seek Information on Sunday Night Shootings