Charges against lawyer dropped
By Gary V. Murray TELEGRAM & GAZETTE STAFF
WORCESTER— A special prosecutor has dropped drug charges against a suspended Gardner lawyer who is serving a prison sentence for drugging and raping an 18-year-old woman in 2004.
Gary R. LeBlanc was sentenced to 10 to 12 years in state prison in October 2005 after a Worcester Superior Court jury found him guilty of rape, drugging for sexual intercourse and other charges. The then-51-year-old criminal defense lawyer was convicted of sexually assaulting a Gardner High School senior on Feb. 4, 2004, after plying her with alcohol and cocaine in his former home at 20 Cross St., Gardner.
Mr. LeBlanc, who was suspended from the practice of law in January 2006, was also charged with drug offenses stemming from an Aug. 19, 2004, police raid at his home. Cocaine and marijuana were seized, according to investigators.
Mr. LeBlanc, who is serving his sentence at the state prison in Norfolk, was scheduled to go to trial today on related charges of cocaine possession, possession of marijuana with intent to distribute and possession of marijuana with intent to distribute within 1,000 feet of a school zone.
Christine M. Tetreault, a special prosecutor assigned to the case, entered a nolle prosequi on the indictments, however. A nolle prosequi is a court filing reflecting a prosecutor’s decision not to proceed with a criminal case after charges have been lodged. Ms. Tetreault noted in the nolle prosequi that Mr. LeBlanc is serving a sentence on an unrelated matter and has been prohibited from practicing law by the state Board of Bar Overseers.
“The interests of justice, as well as the proper use of judicial resources, are furthered by the termination of this prosecution,” Ms. Tetreault wrote.
On Jan. 7, Judge John S. McCann denied a motion filed by Mr. LeBlanc’s lawyer, Leonard J. Staples, seeking suppression of the evidence in the drug case.
October 21, 2005
Lawyer convicted in drugged rape
WORCESTER— A Gardner lawyer accused of raping an
18-year-old woman after plying her with cocaine and alcohol was convicted
yesterday in Worcester Superior Court.
A jury of seven men and five women deliberated for more than seven hours over
two days before finding 51-year-old Gary R. LeBlanc guilty of two counts of
unnatural rape, drugging for sexual intercourse, indecent assault and battery,
cocaine distribution, cocaine distribution within 1,000 feet of a school zone
and providing alcohol to a person under the age of 21.
Judge Peter W. Agnes Jr. postponed sentencing until Thursday and ordered Mr.
LeBlanc remain in custody at the Worcester County Jail and House of Correction
without bail until then. The drugging for sexual intercourse charge carries a
maximum sentence of life imprisonment.
Mr. LeBlanc gasped audibly as the first of the guilty verdicts was announced by
the jury yesterday afternoon in a packed courtroom. The victim and her father
embraced and wept on a front-row bench in the spectator section of Courtroom 203
as the verdicts were being read.
Mr. LeBlanc’s sister, Diane Beauregard, tore a crucifix on a chain from around
her neck and stared angrily at the victim from an adjacent bench. A court
officer stationed herself between the two women.
“I hope you kill yourself,” Ms. Beauregard later called out to the victim in a
hallway outside the courtroom before the victim was whisked into the district
attorney’s office nearby. When asked for comment, Ms. Beauregard simply said she
was “shocked” by the jury’s verdict.
Mr. LeBlanc’s lawyers, Louis P. Aloise and Michael C. Wilcox, said they would
discuss a possible appeal with their client.
“We’re disappointed. We thought that the evidence was insufficient to find him
guilty on any of the charges, but the jury obviously saw the case differently
than we did,” Mr. Aloise said.
Mr. Wilcox said he believed some of the evidentiary rulings made by Judge Agnes
in the case might form the basis for an appeal. Mr. Wilcox said he expects Mr.
LeBlanc, a criminal defense lawyer for more than 20 years, will be disbarred as
a result of the convictions.
The victim said she was sexually assaulted by Mr. LeBlanc in the bedroom of his
former home at 20 Cross St. in Gardner on the night of Feb. 2, 2004. She said
she went to the lawyer’s house about 1 o’clock that morning after he invited her
there from a Super Bowl party they both attended at her aunt’s house in
Westminster.
The woman said she and Mr. LeBlanc drank alcohol and snorted cocaine together
until about 6 a.m., when she left the house, drove to the apartment she shared
with her boyfriend, then went to Gardner High School for a meeting with her
guidance counselor.
The complaining witness in the case, now 19, said she left the school before the
scheduled meeting, returned to Mr. LeBlanc’s, consumed more cocaine and alcohol,
then returned to school. She told the jury she attended one class and returned
again to Mr. LeBlanc’s.
In her closing argument, special prosecutor Christine M. Tetreault said the
victim consumed 14 beers, two mixed drinks, parts of two others, most of a
bottle of wine and “innumerable lines of cocaine” over a period of about 28
hours before being sexually assaulted by Mr. LeBlanc. The prosecution contended
the woman was rendered “insensible” by her consumption of drugs and alcohol and
was legally incapable of either resisting or consenting to Mr. LeBlanc’s sexual
advances.Mr. LeBlanc did not testify in his own defense. Still pending against
him are unrelated cocaine and marijuana charges stemming from an Aug. 19, 2004,
police raid at his Gardner home.
Mr. Aloise attacked the credibility of Mr. LeBlanc’s accuser in his closing
argument to the jury, calling her “a liar, a perjurer and a thief.”
“This was a very difficult case for Mr. LeBlanc, the victim, and both of their
families,” Mr. Wilcox said after the verdicts. He said he and Mr. Aloise hoped
their client would not be punished more severely just
“because he is a lawyer.”
Thursday, October 20, 2005
Sordid trial is real mess on all sides
Dianne Williamson
It’s little wonder that both the defense and prosecution in the rape trial of
Gary LeBlanc repeatedly urged the jury to avoid moral judgments about anyone
involved in this sordid case.
After all, the trial featured a 51-year-old lawyer who partied and had sex with
an 18-year-old girl, an alleged victim who consumed a veritable liquor store and
was too bombed to meet with her high school guidance counselor, estranged
parents who sent their school-age daughter to live with a boyfriend, and a
45-year-old aunt who was accused of snorting cocaine with her troubled niece.
It was a real mess all around, which is precisely why it’s so heartening that
this difficult case wound up in Worcester Superior Court.
In the not so distant past, a woman wouldn’t dare cry rape if she got drunk with
a guy, voluntarily showed up at his house and had sex with him. Police and
prosecutors would have considered the case a loser. Even today, the prosecution
faced a big obstacle in convincing a Worcester Superior Court jury that a girl
who behaved in such a freewheeling manner was a victim of rape.
“Gary shouldn’t be getting in trouble for this,” the girl’s own aunt told me
Tuesday, during a break in the trial. “Morally, maybe there are some issues, but
legally he did nothing wrong.”
But it’s up to a jury to decide whether Mr. LeBlanc is a criminal or simply a
cad. Regardless of the pending verdict, the case helps remind people that it’s
not only immoral to exploit women for sex if they’re too drunk to resist, but
you can go to jail for it. And the district attorney’s office should be
commended for pushing the envelope with a trial that some would consider weak
and unwinnable.
Prosecutors claim that the criminal defense lawyer raped the girl last year at
his Gardner home after plying her with cocaine and alcohol. Now 19, the girl was
so incapacitated she was incapable of consenting to sex, the prosecution
alleged.
“It’s clear what the defendant had in mind when he invited her to his house,”
special prosecutor Christine M. Tetreault said in closing arguments yesterday,
while the alleged victim sat in the front row and jiggled her right foot. “She
had different ideas. She went there to feed her addiction.”
The prosecution contended that the girl was addicted to drugs and alcohol and
that Mr. LeBlanc knew it. Within 28 hours, the girl had consumed 14 beers, two
strong mixed drinks, most of a martini, a bottle of wine and “innumerable” lines
of cocaine, Ms. Tetreault said. She’s clearly a troubled girl — earlier
testimony indicated that she has cut herself, lives with a boyfriend while
attending high school and allegedly snorts cocaine with an aunt who testified
against her.
The girl told the jury that she was so “out of it” after spending the night with
Mr. LeBlanc — one that didn’t include sex — that she was too drunk to attend a
scheduled meeting with her guidance counselor when she went to school so she
returned to Mr. LeBlanc’s house, did more drugs, went back to school and
returned again to Mr. LeBlanc’s, at which point they had sex.
She told the jury that whenever she resisted, Mr. LeBlanc told her to “do
another line,” which she did. She finally left the house when three concerned
girlfriends showed up and demanded she go with them. Her father later took her
to the Gardner police station.
The defense, not surprisingly, portrayed the girl as a “liar” and a “perjurer”
who has changed her story repeatedly and cried rape because she was embarrassed
by the encounter.
“Sure he showed bad judgment,” lawyer Louis Aloise said of his client. “And boy,
hasn’t he paid.”
The jury has a tough job because, let’s face it, the spectrum of alcohol-fueled
sex that’s later regretted is played out every night in countless apartments and
dorm rooms across America.
Not only must the jury believe that Mr. LeBlanc provided the girl with alcohol
and drugs — a charge he denies — but that he did so with the specific intent to
render her incapacitated, for sexual purposes.
While the district attorney’s pursuit of the case is admirable, it likely has
something to do with the “ick” factor — the defendant’s age and occupation. Had
the same scenario played out in a college dorm, for example, would prosecutors
have pushed the case? If not, is it fair that Mr. LeBlanc is held to a higher
standard because he’s a lawyer?
Victim rights advocate Wendy Murphy thinks so.
“You should expect more from lawyers,” she said. “We’re expected to behave in an
ethical and lawful manner because we’re officers of the court. And there’s such
a big age and power differential in this case.”
Ms. Murphy also noted that accused killers routinely use intoxication as a
defense to help mitigate their crime, so that the same concept should apply to
alleged victims. “If someone is too drunk to consent, that’s rape. You’re not
supposed to exploit someone’s vulnerabilities to your own sexual advantage.”
Whether or not he’s found guilty of rape, Gary LeBlanc had few fans in court
this week.
Yesterday, I asked the father of the alleged victim how he feels about the man
accused of raping his daughter.
The father smiled.
“I can’t wait to see him at work,” he said simply.
The father, as it happens, works in a prison.
Lawyer: Alleged victim changed stories
Fitchburg Sentinel and enterprise
WORCESTER -- Closing arguments Wednesday in the rape trial of a Gardner lawyer focused on the credibility of key witnesses, particularly the alleged victim.
"(The alleged victim) told different stories to different people at different times," said Gary LeBlanc's attorney, Louis Aloise. "You heard testimony change in the course of five minutes in this courtroom when (the alleged victim) was on the witness stand."
The alleged victim testified last week that she had used cocaine and drank alcohol with LeBlanc for nearly 24 hours before the alleged rape took place in February 2004.
The woman, who was 18 at the time of the alleged incident, testified that LeBlanc orally and digitally raped her on Feb. 2, 2004 while she was "out of it."
LeBlanc, 51, is charged with two counts of rape, indecent assault and battery on a person 14 or over, using drugs to obtain sexual intercourse, distributing cocaine, procuring liquor for a person under 21, and a drug violation near a school or park.
The jury deliberated on the seven charges more than three hours Wednesday afternoon without rendering a verdict.
Aloise said the alleged victim was inconsistent regarding who snorted cocaine during a Super Bowl party at her aunt's Westminster home on Feb. 1, 2004.
The alleged victim said in her statement to police that only she and LeBlanc used the drug, but testified last week that her aunt and cousins also snorted cocaine that night, he said.
Aloise referenced testimony given Tuesday by the alleged victim's aunt, who stated she did not use cocaine during the party.
"The government has come in here, through those doors, without its case," Aloise said.
The alleged victim testified last week that she drank two glasses of vodka and juice and snorted cocaine at the Super Bowl party, and then went to LeBlanc's home around 1 a.m. on Feb. 2, 2004, where she stayed until 6 a.m.
She testified that she tried attending school twice that day, each time returning to LeBlanc's home, where he then assaulted her in the evening hours of Feb. 2, 2004.
"We are not here on a judgment of morality," Aloise said. "We are not here to dwell on the fact that Mr. LeBlanc is 50 and (the alleged victim) is 18."
"There is absolutely not one scintilla of evidence to prove anything was true," he said later in his closing statement.
Assistant District Attorney Christine M. Tetreault argued during her closing statement that there was enough evidence to convict LeBlanc on all seven counts.
"The evidence should convince you beyond a reasonable doubt," she said, calling LeBlanc's alleged behavior "beyond abhorrent, beyond disgusting. It's illegal."
Tetreault told jurors they shouldn't be surprised that the alleged victim's aunt and cousin, who both testified for the defense, did not admit to using cocaine or knowing the drug was being consumed at the Super Bowl party.
"Of course the women were not going to admit to cocaine use -- that would be illegal," she said.
Tetreault said the alleged victim is a more credible witness, because she has been forthcoming with the jury about her personal failings.
"She's never made excuses," Tetreault said. "She's owned up to her mistakes."
The alleged victim admitted on the stand last week that both before and during February 2004, she had a severe drug and alcohol problem.
"I would suggest to you that (the alleged victim) didn't tell you different stories: She has remembered more of the truth," Tetreault argued.
Thursday, October 20, 2005
Jury is out in rape trial
By Gary V. Murray
TELEGRAM & GAZETTE STAFF
WORCESTER— The jury in the trial of a Gardner lawyer charged with sexual
assault and drug offenses deliberated for more than three hours yesterday
without reaching a verdict.
Jury deliberations were scheduled to resume today in the case of Gary R.
LeBlanc, who is accused of raping an 18-year-old Gardner High School student on
Feb. 2, 2004, after plying her with cocaine and alcohol at his former home at 20
Cross St. in Gardner. Mr. LeBlanc, a 51-year-old criminal defense lawyer who
also maintained a law office at the Gardner address, has pleaded not guilty to
two counts of unnatural rape and single counts of drugging for sexual
intercourse, indecent assault and battery, cocaine distribution, cocaine
distribution within 1,000 feet of a school zone and providing alcohol to a
person under the age of 21.
A Worcester Superior Court jury of seven men and five women deliberated for
about three hours and 15 minutes yesterday without arriving at a verdict. Judge
Peter W. Agnes Jr. sent the jurors home shortly after 4:30 p.m. and asked them
to return to court at 9 this morning to resume deliberations.
In his closing argument yesterday, Louis P. Aloise, one of Mr. LeBlanc’s
lawyers, attacked the credibility of the alleged victim, saying she “told
different stories to different people at different times.”
“The truth is what she wants it or needs the truth to be,” Mr. Aloise said.
The prosecution contends not that Mr. LeBlanc forcibly raped the woman, but that
her consumption of cocaine and alcohol rendered her incapable of either
resisting or consenting to his alleged sexual advances. The sexual assault
allegedly occurred after the complaining witness consumed what Assistant
District Attorney Christine M. Tetreault said were 14 beers, two strong mixed
drinks made with vodka, part of someone else’s martini and another mixed drink,
most of a bottle of wine and “innumerable lines of cocaine” over the course of
about 28 hours.
The woman said she went to Mr. LeBlanc’s home about 1 a.m. Feb. 2, 2004, after
he invited her there from a Super Bowl party they both attended at her aunt’s
house in Westminster. She testified that she was sexually assaulted by him that
evening after they had been drinking and snorting cocaine together in Mr.
LeBlanc’s bedroom.
While she told the jury that she had no romantic interest in Mr. LeBlanc and had
been put off by sexual comments he had made to her in the past, Mr. Aloise asked
the jurors to consider the testimony of the woman’s aunt that the alleged victim
dressed provocatively for a Christmas party at the suspect’s home to try to
attract his attention and expressed a desire to spend time at Mr. LeBlanc’s
condominium in Florida.
“Why did he need to drug her for sex?” Mr. Aloise asked.
The defense lawyer said the woman was placed “in an embarrassing position” when
three friends came to Mr. LeBlanc’s house on the night of the alleged assault
and took her from the residence to her father’s house.
“The evidence or lack thereof compels you to find my client not guilty of all of
the indictments. But justice, ladies and gentlemen of the jury, justice demands
you do so,” Mr. Aloise said.
In her final summation, Ms. Tetreault described the alleged victim as a young
woman with a drug problem and a drinking problem and said she went to Mr.
LeBlanc’s house “to feed her addiction.”
The prosecutor said Mr. LeBlanc was aware of the woman’s substance abuse
problems and “clearly hoped that he could take advantage of her state of
intoxication … to have sex with her.”
Ms. Tetreault said Mr. LeBlanc not only provided the alcohol and cocaine that
the woman consumed, but encouraged her to “do another line” whenever she
resisted his advances. This went on, she said, “until it reached the point where
he was able to do what he wanted to do and there was nothing she could do to
stop him.”
The prosecutor said the lawyer “knew that she would not consent any other way.”
Wednesday, October 19, 2005
Relative disputes charge of rape
WORCESTER— A relative of the woman who has accused
lawyer Gary R. LeBlanc of raping her testified yesterday that the alleged victim
told her she was not raped.
Called as a defense witness at Mr. LeBlanc’s Worcester Superior Court trial on
sexual assault and drug charges, the alleged victim’s aunt said she asked her
niece on July 4, 2004, whether Mr. LeBlanc really raped her nearly five months
earlier. The aunt testified that her niece responded, “ ‘No. It wasn’t like
that. It wasn’t rape. I just wish he was the one who said no.’ ”
The 45-year-old Westminster woman, whose husband is a close friend of Mr.
LeBlanc, said she later informed Mr. LeBlanc and lawyer Thomas F. McEvilly, who
represented him at the time, of her niece’s comments. She said she also went to
Mr. LeBlanc’s law office July 20 and signed a written affidavit outlining the
statements made to her.
Prosecutors have alleged that Mr. LeBlanc, a 51-year-old criminal defense
lawyer, raped the woman when she was 18 years old, on Feb. 2, 2004, at his
former home at 20 Cross St. in Gardner after plying her with cocaine, marijuana
and alcohol. The prosecution alleges not that Mr. LeBlanc forcibly raped her,
but that she was so incapacitated by her consumption of drugs and alcohol that
she was incapable of either resisting or consenting to Mr. LeBlanc’s alleged
sexual advances.
Mr. LeBlanc has pleaded not guilty to charges of rape, indecent assault and
battery, drugging for sexual intercourse, cocaine distribution, cocaine
distribution within 1,000 feet of a school zone and furnishing alcohol to a
person under 21.
Both the prosecution and defense rested their respective cases yesterday after
five days of testimony. Mr. LeBlanc did not testify in his own defense. Closing
arguments were scheduled today.
Under cross-examination yesterday, the alleged victim’s aunt rejected special
prosecutor Christine M. Tetreault’s suggestion that her niece said Mr. LeBlanc
did not use any force against her, but that she repeatedly told him ‘no.’ In
response to the prosecutor’s questions, the woman denied that she and her niece
used cocaine provided by Mr. LeBlanc at a Super Bowl party at the aunt’s house
on the night of Feb. 1, 2004.
While acknowledging that she has remained friendly with Mr. LeBlanc, the aunt
took issue with Ms. Tetreault’s suggestion that he supplies her with cocaine.
“I don’t use cocaine,” she testified.
The Westminster woman agreed in response to questions posed by Ms. Tetreault
that she had a conversation last week with Jill Castonguay, Mr. LeBlanc’s former
girlfriend, in which she said she hoped not to be called as a witness at Mr.
LeBlanc’s trial.
“You said you couldn’t believe the defendant was making you lie for him?” Ms.
Tetreault asked.
“No. That’s not true,” the woman answered.
Jury deliberations were scheduled to begin today after closing arguments by the
lawyers and instructions by Judge Peter W. Agnes Jr. on the law to be applied in
the case.
Wednesday, October 19, 2005
Aunt contradicts alleged rape victim's claim of cocaine use
Fitchburg Sentinel and enterprise
WORCESTER -- Members of an alleged rape victim's family took the stand for the defense during the trial of the Gardner lawyer accused of the crime.
The alleged victim's aunt testified Tuesday in Worcester Superior Court and contradicted the alleged victim's claim that defendant Gary LeBlanc provided cocaine to a number of people who attended a Super Bowl party before the alleged
assault.
"I don't use cocaine," the aunt said.
The alleged victim testified last week that she snorted cocaine with LeBlanc, 51, in a shed at her aunt's Westminster home during the Super Bowl party on Feb. 1, 2004, and also used the drug with her aunt and cousins on the home's porch that night.
The now 19-year-old woman testified last week that LeBlanc orally and digital raped her on Feb. 2, 2004, while she was "out of it" after binging for nearly a day on alcohol and cocaine at his house at 20 Cross St. in Gardner, and at her aunt's house in Westminster.
LeBlanc is on trial for seven charges including two counts of rape, indecent assault and battery on a person 14 or over, using drugs to obtain sexual intercourse, distributing cocaine, procuring liquor for a person under 21, and a drug violation near a school or park.
The alleged victim's aunt and uncle are LeBlanc's close friends.
The alleged victim's aunt also testified that over the 2004 July Fourth holiday weekend, she asked her niece about the accusations against LeBlanc.
"I was just wondering what happened," she said.
The aunt testified the alleged victim replied, "It wasn't like that. ... (LeBlanc) didn't force me."
Assistant District Attorney Christine Tetreault cross-examined the aunt, and asked her whether the alleged victim said LeBlanc "didn't use physical force," but he simply didn't listen when she said "no" to his sexual advances.
"I don't think she said 'physical force,'" the aunt responded.
Tetreault also asked the alleged victim's aunt whether she spoke with LeBlanc about the case, to which the woman said "yes."
Tetreault continued by asking the witness whether she talked about the case with other people.
"Not very much," the aunt replied.
Tetreault asked the woman whether she had told a friend that LeBlanc was encouraging her to lie in court on his behalf.
"You have remained friendly with the defendant," Tetreault said. "The defendant is the person that provides you with the cocaine that you use."
The alleged victim's uncle testified that he did not see any white powdery substance on the night of the party, and said he never went out to the porch because he was watching the game on his new big-screen TV.
"(LeBlanc) went out on the porch a couple of times," the uncle said.
The alleged victim testified last week her uncle was unaware of the drug use at the party because her aunt did not want him to know.
LeBlanc did not testify in his own defense, but did speak to his lawyers on the record in a closed courtroom for about 10 minutes before the defense rested its case. The judge agreed to a defense request to seal the records taken of the conversation.
The alleged victim's aunt and Kristy Loseman, a woman LeBlanc dated casually on-and-off for seven years, testified about the alleged victim's behavior during a Christmas party LeBlanc threw more than two months before the alleged assault.
"I was a little put over and uncomfortable because she was trying to upshow me," Loseman, 27, said.
The alleged victim's aunt testified that she did not plan to bring her then 18-year-old niece to the party, but felt "obligated to take her along."
"She asked if I had anything low-cut or provocative (to wear)," her aunt said. "She said, 'I want to win Gary over.' I was very surprised. I didn't think it was very nice."
The alleged victim testified last week that during the Christmas party, she was only asking LeBlanc for cocaine at the encouragement of her aunt.
The jury is expected to begin deliberating on the case today after closing arguments.
Tuesday, October 18, 2005
Lawyer told cops they had no evidence
Fitchburg Sentinel and enterprise
WORCESTER -- A Gardner lawyer told police they would never prove he raped a then 18-year-old woman, because there was no physical evidence linking him to the crime, according to a Gardner police sergeant.
Sgt. Eric McAvene Jr. testified Monday at Gary LeBlanc's rape trial that the 51-year-old defendant told him, "You guys have nothing on me."
LeBlanc is on trial for seven charges, including two counts of rape, indecent assault and battery on a person 14 or over, using drugs to obtain sexual intercourse, distributing cocaine, procuring liquor for a person under 21, and a drug violation near a school or park.
The alleged victim, who is now 19, testified last week that LeBlanc digitally and orally raped her on Feb. 2, 2004 while she was "out of it."
McAvene said LeBlanc made his boast on March 25, 2004, outside a home on Bancroft Street in Gardner. LeBlanc had called police to the home after having a fight with his ex-girlfriend's daughter, a friend of the alleged victim, McAvene said.
LeBlanc allegedly told McAvene that his ex-girlfriend's daughter was upset because he slept with one of her friends.
LeBlanc explained he had no qualms about sleeping with 18-year-old women because they are legally adults, according to McAvene.
McAvene was one of three Gardner police officers to testify Monday, before the prosecution rested on the fourth day of the trial.
Gardner Police Officer Brian Gemborys and Detective William Crockett testified about the alleged victim's mental state after the alleged assault, and provided differing descriptions.
Gemborys, who spoke with the alleged victim on the night of the alleged assault, said she was impaired but able to answer questions.
"She was intoxicated," he said. "She was tired. She was crying. (Her eyes) were bloodshot."
Gemborys said he spoke to the woman for about 45 minutes at around 9:45 p.m. on Feb. 2, after her father brought her to the police station.
The woman said she was not forced to have sex with LeBlanc during the time she was at his house on Feb. 1 and 2, 2004, according to Gemborys. The officer said he told the woman's father to take her to the hospital for an examination, including a rape kit.
Crockett then took the stand.
He described the alleged victim as unable to answer his questions on Feb. 3, approximately 18 hours after Gemborys spoke to her. Crockett said he attempted to speak with the alleged victim for about 10 minutes at the police station on Feb. 3, after her trip to the hospital.
"She was very tired," he said. "She just seemed completely out of it to me. She had difficulty talking to me and understanding me. "
One of LeBlanc's lawyers, Michael Wilcox, questioned whether Crockett believed the alleged victim was truly impaired, or if he thought she was acting.
"You accepted her condition at that time as legitimately felt?" Wilcox asked.
Crockett said he thought it was a "truthful action."
The alleged victim spent hours on the stand last week, testifying that she had spent nearly 24 hours with LeBlanc drinking alcohol and snorting cocaine before the alleged assault took place at his 20 Cross St. home on Feb. 2, 2004.
Crockett said he took the alleged victim's formal statement on Feb. 6, when she appeared to be physically better. The alleged victim at that time said LeBlanc had provided her with cocaine and alcohol, which impeded her ability to withstand his sexual advances, according to Crockett.
Wilcox asked Crockett why he did not question certain people, including the alleged victim's aunt, who threw a Super Bowl party on Feb. 1, 2004 that both LeBlanc and the alleged victim attended.
"I didn't think (the aunt's) testimony would help with the events that happened at 20 Cross St.," Crockett replied.
Wilcox also asked why the detective did not interview other witnesses to the alleged victim's condition on Feb. 1 and 2, including the alleged victim's boyfriend, school officials and LeBlanc's live-in housekeeper.
Crockett responded in a similar manner to those questions, stating he did not believe it was necessary.
Wilcox pressed Crockett as to why he did not press charges against the alleged victim for using cocaine, underage consumption of alcohol and driving under the influence, all of which she admitted to last week on the stand.
"She was the victim," Crockett answered.
The defense is expected to begin presenting its case today.
Tuesday, October 18, 2005
Detective testifies at rape trial
By Gary V. Murray
TELEGRAM & GAZETTE STAFF
WORCESTER— A detective testified yesterday that the woman prosecutors say
was raped by Gardner lawyer Gary R. LeBlanc was so “out of it” the day after the
alleged assault that he was unable to interview her.
Gardner Detective William Crockett told a Worcester Superior Court jury that the
woman did not seem to understand what he was asking her when she came to the
police station with her father on Feb. 3, 2004. Detective Crockett described the
18-year-old woman as “very tired” and said she “seemed out of it, completely out
of it.”
The detective testified that the alleged victim had difficulty speaking and
“didn’t understand what I was saying to her.” He said he was forced to postpone
his questioning of the woman and to ask her to return to the station three days
later to give a statement in the case.
Mr. LeBlanc stands accused of raping the now 19-year-old woman on Feb. 2, 2004,
at his former home at 20 Cross St. in Gardner after plying her with cocaine and
alcohol. The prosecution contends that the woman, a senior at Gardner High
School at the time, was so incapacitated by her consumption of drugs and alcohol
that she was unable to resist or consent to Mr. LeBlanc’s alleged sexual
advances.
Mr. LeBlanc, 51, has pleaded not guilty to charges of rape, indecent assault and
battery, drugging for sexual intercourse, cocaine distribution, cocaine
distribution within 1,000 feet of a school zone and furnishing alcohol to a
person under the age of 21.
Special prosecutor Christine M. Tetreault rested the prosecution’s case
yesterday afternoon after four days of testimony.
The defense was scheduled to begin presenting its case today.
Under cross-examination yesterday by Michael C. Wilcox, one of Mr. LeBlanc’s
lawyers, Detective Crockett was asked to “reconcile” his description of the
woman on the day after the alleged sexual assault with records from a visit she
made to Henry Heywood Hospital earlier in the day. The hospital records said the
woman was “alert,” cooperative and “oriented times 3.”
“Obviously I don’t agree with what’s on that paper,” Detective Crockett said of
the Henry Heywood records.
The detective also acknowledged that the alleged victim gave a brief statement
the previous night to Police Officer Brian Gemborys, but pointed out that
Officer Gemborys’ report indicated he had to “drag everything out of her.”
Mr. LeBlanc, who is also facing unrelated drug charges stemming from what police
said was the seizure of cocaine and marijuana from his home on Aug. 19, 2004, is
expected to testify in his own defense.
Saturday, October 15, 2005
Friends: Alleged victim of rape shaky, slurring
WORCESTER— A friend of the woman who has accused
Gardner lawyer Gary R. LeBlanc of raping her testified yesterday that the
complaining witness was unsteady on her feet and appeared to be under the
influence of drugs or alcohol when she and two companions took the woman from
the suspect’s home on the night of the alleged sexual assault.
The alleged victim’s three friends told a Worcester Superior Court jury that
they went to Mr. LeBlanc’s home at 20 Cross St. in Gardner on the night of Feb.
2, 2004, after talking to the alleged victim’s mother and Holly Macauley, who
was Mr. LeBlanc’s live-in housekeeper at the time.
The three women, who were Gardner High School classmates of the 18-year-old
alleged victim, said they entered the lawyer’s house with Ms. Macauley’s
permission and proceeded to the door of a second-floor bedroom, where they
believed their friend and Mr. LeBlanc were. The three testified that they called
to their friend, telling her she had to go with them. The alleged victim twice
said she would, but did not immediately emerge from the bedroom, according to
her former classmates’ testimony.
The women told the jury they pushed the door ajar and were confronted by an
angry Mr. LeBlanc, who informed them that their friend was 18 years old and
capable of making her own decisions. One of the women said she responded that
her friend “couldn’t make a decision when she was all drugged up like that.”
The three testified that when they entered the bedroom, they saw their
disheveled classmate standing by the bed, struggling to put her shirt on.
“She seemed like she really didn’t know what was going on,” said one of the
women, adding that she appeared to be “under the influence of alcohol or drugs
or something.” One of the three witnesses called by Special Prosecutor Christine
M. Tetreault said the alleged victim’s hair was in knots, her hands were dirty
and her pupils were dilated.
The 51-year-old Mr. LeBlanc is on trial on charges of rape, indecent assault and
battery, drugging for sexual intercourse, cocaine distribution, cocaine
distribution within 1,000 feet of a school zone and furnishing alcohol to a
person under the age of 21. He stands accused of raping the alleged victim after
plying her with cocaine and alcohol and has pleaded not guilty to all of the
charges against him.
The prosecution contends that the complaining witness was so incapacitated by
her consumption of drugs and alcohol that she was legally incapable of
consenting to Mr. LeBlanc’s alleged sexual advances.
Another of the alleged victim’s friends described her yesterday as “wobbly and
unstable” on the night in question and said her speech was slurred and she was
making strange movements with her mouth.
The women said they helped the alleged victim out of Mr. LeBlanc’s house and
that she returned momentarily to retrieve her pocketbook. They said they
eventually drove her to her father’s house in Gardner.
Under cross-examination by Michael C. Wilcox, one of Mr. LeBlanc’s lawyers, one
of the women said the alleged victim recognized her three friends immediately
when they entered Mr. LeBlanc’s bedroom. The women testified that the alleged
victim did not say anything during the ride to her father’s house about anything
that had occurred at Mr. LeBlanc’s.
Testimony in the case is scheduled to resume Monday morning.
Friday, October 14, 2005
Alleged rape victim denies lawyer rejected invitation
By Gary V. Murray
TELEGRAM & GAZETTE STAFF
WORCESTER— A woman allegedly raped by Gardner lawyer Gary R. LeBlanc denied
under cross-examination yesterday that she asked Mr. LeBlanc to have sex with
her and he refused.
The 19-year-old woman remained on the witness stand in Worcester Superior Court
for the entire second day of testimony in Mr. LeBlanc’s trial on charges of
rape, drugging for sexual intercourse, indecent assault and battery, cocaine
distribution, cocaine distribution within 1,000 feet of a school zone and
furnishing alcohol to a person under the age of 21.
Prosecutors have charged that the 51-year-old Mr. LeBlanc raped the woman on
Feb. 2, 2004, in his former home at 20 Cross St. in Gardner after plying her
with alcohol and cocaine. The prosecution contends the woman, who was an
18-year-old high school senior at the time, was so incapacitated by her
consumption of drugs and alcohol that she was incapable of consenting to Mr.
LeBlanc’s alleged sexual advances.
Mr. LeBlanc has pleaded not guilty to all of the charges.
The complaining witness testified Wednesday that Mr. LeBlanc engaged in various
sex acts with her in the bedroom of his home during the afternoon or early
evening of Feb. 2, 2004, after she had been drinking beer, wine and vodka and
snorting cocaine and smoking marijuana with him off and on since the
early-morning hours.
She said she drove to Mr. LeBlanc’s house at about 1 that morning after he
invited her there from a Super Bowl party they had both attended at her aunt’s
house in Westminster. “I just wanted to party and have fun,” the woman told
police.
She testified that she left the house about five hours later after having
snorted several lines of cocaine with Mr. LeBlanc and having consumed three or
four beers and some orange juice and vodka. The woman said she went that morning
to Gardner High School, where she was a student, went back to Mr. LeBlanc’s,
back to the high school and back to Mr. LeBlanc’s again.
Although she told the jury that Mr. LeBlanc had been “hitting” on her during the
preceding weeks, she said he made no sexual advances toward her until the
afternoon or early evening of Feb. 2, 2004.
Under questioning yesterday by Louis P. Aloise, one of Mr. LeBlanc’s lawyers,
the woman denied that she asked Mr. LeBlanc to have sex with her that morning
and that Mr. LeBlanc declined. When asked by Mr. Aloise if Mr. LeBlanc told her
he did not find her attractive anymore because of scars on her body, the woman
responded “no” and began to cry.
She acknowledged in response to the defense lawyer’s questions that she does
have scars on her arms, legs and abdomen and said she may have spoken about them
to Mr. LeBlanc because they upset her. The woman was not asked the cause of the
scarring.
Judge Peter W. Agnes denied a defense motion yesterday seeking the dismissal of
the charges against Mr. LeBlanc. Mr. Aloise sought the dismissal after the
alleged victim testified that Gardner Police Detective William Crockett assured
her she and certain members of her family would not be prosecuted for drug
offenses if she cooperated with investigators looking into the rape allegations
and gave a formal statement. The woman implicated herself and some relatives in
the use of cocaine in her statement to police.
Mr. Aloise said it was the responsibility of the prosecution to inform the
defense of any promises or inducements made to witnesses in the case and that
the failure to do so warranted dismissal of the charges. Special Prosecutor
Christine M. Tetreault told the court that no such promise had ever been made to
the alleged victim.
Detective Crockett testified during a hearing outside of the jury’s presence
that he would never have assured the alleged victim there was no possibility of
her or her relatives being charged.
“In my business, I never promise people things. I’ve never done that in my
career. I wouldn’t have promised anybody anything,” the detective said.
When pressed by Mr. Aloise about his decision not to seek drug charges against
the teenager, Detective Crockett responded, “I felt she was the victim of this
case, sir.”
Testimony was scheduled to resume today.
Friday, October 14, 2005
Judge: No dismissal in rape trial
Fitchburg Sentinel and enterprise
WORCESTER --
A Worcester Superior Court judge refused to dismiss charges in the rape trial of a Gardner lawyer, after the alleged victim testified that a detective promised she wouldn't face drug charges if she gave a statement."If it was going to get my family in trouble, I wasn't going to go forward," the 19-year-old alleged victim said. She spent about seven hours on the stand Thursday in the second day of testimony.
Gary LeBlanc's lawyer, Louis Aloise of Worcester, asked the judge to dismiss the charges against LeBlanc after the alleged victim described the detective's alleged promise that neither she nor her family would face drug charges.
She admitted to underage drinking and using cocaine and marijuana during testimony on Wednesday and Thursday.
LeBlanc, 51, is accused of orally and digitally raping the alleged victim at his home at 20 Cross St. on the night of Feb. 2, 2004.
The alleged victim said she had been drinking alcohol and using cocaine with LeBlanc for nearly 24 hours before the assault took place while she was "out of it."
LeBlanc is on trial for two counts of rape, indecent assault and battery on a person 14 or over, using drugs to obtain sexual intercourse, distributing cocaine, procuring liquor for a person under 21, and a drug violation near a school or park.
Aloise argued the defense should have been notified such a pledge was made to the alleged victim.
But Judge Peter Agnes denied the motion, saying LeBlanc's defense can refer to the alleged victim's testimony when it presents its case.
"There isn't any prejudice because the defense can fully exploit it," Agnes said.
Aloise and Assistant District Attorney Christine M. Tetreault briefly questioned the alleged victim and Gardner Police Det. William Crockett without the jury present before Agnes' ruling.
During that questioning, Crockett denied he had promised the alleged victim anything.
"I never promise anyone anything," he said. "I was not going to charge her. It was my decision not to take charges. I felt like she was a victim of this case."
The alleged victim testified during the trial and for the grand jury that when she was 18 years old, she drank alcohol during Super Bowl parties at both her father's Gardner home and her aunt's Westminster home on Feb. 1, 2004.
She also said she snorted cocaine at her aunt's house with LeBlanc, who provided the drug, and with her aunt's knowledge.
Aloise spent most of Thursday questioning details of testimony the alleged victim delivered Wednesday. He focused on issues such as her sobriety, the reason she went to LeBlanc's house three times during the 24-hour period in question, and how long it took her to fully describe what allegedly happened between Feb. 1 and 2, 2004.
Aloise questioned the alleged victim's state of mind during Feb. 3, 2004, when she visited Henry Heywood Hospital in Gardner and then went to the Gardner Police Station. He said the hospital reported her condition as "alert."
But Crockett said during his testimony Thursday that the alleged victim was unable to answer questions when he saw her.
The alleged victim told the jury she still felt sick at the hospital from the drinking and cocaine use on Feb. 1 and 2, 2004 and that she was not able to completely answer questions from medical personnel.
She said she was still unwell when she spoke to Crockett after going to the hospital on Feb. 3, 2004.
Aloise tried to cast doubt on the alleged victim's recollection, questioning how she could accept the alleged promise from Crockett if she was feeling so poorly.
"You had the presence of mind ... to understand perfectly well that you wanted to protect yourself or at least your family?" Aloise asked the alleged victim in front of the jury.
She answered "yes" to Aloise's question.
"You spent the next three days (until making a formal statement on Feb. 6) thinking about what you were going to say to Detective Crockett," Aloise continued.
"I spent the next three days thinking about nothing," she replied.
LeBlanc sat quietly during Thursday's testimony, but his other attorney, Michael Wilcox, said in his opening statement Wednesday that LeBlanc would testify during the trial.
Aloise also asked the alleged victim about her visit to the hospital, saying hospital records indicated doctors did not administer a rape kit on the woman but did perform another "invasive procedure."
"Isn't it true they said it wasn't necessary because you said it wasn't rape?" Aloise asked twice.
Both times the alleged victim loudly responded "no" in tears.
She said medical personal told her the rape kit was not necessary. She said she went to the hospital because she did not remember what had happened the night before, when LeBlanc allegedly assaulted her.
"People said he was bragging about (having sex with me) at the court house," she said. "I was angry that he did it."
Many other area defense attorneys, including Lenny Staples and Edison Kaarela, sat in the audience during Thursday's hearing, as well as members of LeBlanc's family.
The alleged victim's testimony is scheduled to continue today.
Thursday, October 13, 2005
Alcohol, drugs, sex described
October 13, 2005
Alleged rape victim describes assault at trial
Fitchburg Sentinel and enterprise
WORCESTER -- A 19-year-old female alleged rape victim testified in Worcester Superior Court Wednesday that lawyer Gary LeBlanc of Gardner performed oral sex on her while she tried to resist, after the pair spent the previous 24 hours drinking alcohol and using cocaine.
But upon cross-examination by LeBlanc's lawyer, Louise Aloise of Worcester, the alleged victim said she had performed oral sex on LeBlanc, and answered "no" when Aloise asked if LeBlanc had forced her to do so.
She was often tearful while describing the alleged assault.
"When I tried to move away, he told me to do another line (of cocaine)," she said.
The alleged victim, who was dressed in a black sweater over a green shirt and khaki pants, admitted she did more of the drug.
LeBlanc, 51, faces seven charges including two counts of rape, indecent assault and battery on a person 14 or over, using drugs to obtain sexual intercourse, distributing cocaine, procuring liquor for a person under 21, and a drug violation near a school or park.
Prosecutors say LeBlanc invited the alleged victim back to his home in Gardner after both attended a Super Bowl Party at her aunt's Westminster home on Feb. 1, 2004.
The alleged victim testified that she and LeBlanc snorted at least one line of cocaine each while in the side shed of her aunt's house, and that she later consumed more cocaine -- provided by LeBlanc -- in the shed with her cousins.
She said she had two glasses of vodka mixed with juice while at her aunt's house and earlier that night, drank two beers at her father's house.
"I went home to see my boyfriend, but he was sleeping," she said. "I was bored."
The alleged victim testified that she then went to LeBlanc's home at 20 Cross St., because the lawyer said he planned to have a party there as he left her aunt's home. She testified no one else was at LeBlanc's house when she arrived in the early hours of Monday morning, Feb. 2, 2004.
They stayed up all night talking, drinking and doing cocaine, she said. She also said they smoked some marijuana.
"Most of the time, I just talked about anything," she said. "I told him about all my problems and he just listened."
Around 6 a.m. she drove back to the apartment she shared with her boyfriend to get ready to go to Gardner High School, where she was a senior, she said.
"When I go to school, I was still so drunk I decided I had to leave," she said.
She says she called LeBlanc to pick her up because her boyfriend was in class at Fitchburg State College and she did not want her parents to know she had used drugs and alcohol. A friend ended up driving her to LeBlanc's home.
"We sat there for a while, watching TV and drinking," she said.
The alleged victim said she returned to school to attend a math class she was failing, before returning to LeBlanc's home for a second time that day. She said they continued drinking and using cocaine.
"I was laying on the bed because I was out of it," she said. "He started telling me all these things, like I was beautiful. ... I know that we were on his bed and my clothes came off."
The alleged victim said she does not remember how her clothes were removed, but said she remembers trying to put them back on. She said she remembers LeBlanc trying to kiss her breasts and other parts of her body.
"I told him no, we're just friends," she said. "That went on for a while."
She said the activity ceased when her friends arrived at LeBlanc's house and brought her back to her father's house.
"I had no idea what was going on," she testified. "He told them to leave or he'd call the police. I punched him and told him not to talk to them that way."
Aloise said during his cross-examination there were discrepancies over how many times the alleged victim said she'd used cocaine before that February night, and how she knew the substance LeBlanc gave her was cocaine.
Aloise read from testimony he said the alleged victim gave the grand jury, in which she said she'd used cocaine two or three times in her life.
During testimony earlier Wednesday, the alleged victim said she had used the drug six or seven times.
"You also told the grand jury that you performed oral sex on Gary LeBlanc," Aloise said.
The alleged victim said she had, and said "no" when Aloise asked if LeBlanc had forced her to perform the act.
Aloise also asked the alleged victim why she didn't tell police she used cocaine the night of the alleged assault, or that LeBlanc forced her to have sex with him. Aloise said neither issue was listed in the original police report.
The alleged victim said she didn't remember what she told police that night.
"I barely remember going (to the police station)," she said.
Aloise also described an incident that allegedly occurred at a Christmas party LeBlanc threw several months before the night of the alleged rape. LeBlanc's girlfriend accused the alleged victim of flirting with LeBlanc that night, Aloise said.
The alleged victim said she didn't know why LeBlanc's girlfriend was jealous, because all she was doing was asking him for cocaine.Mr. LeBlanc will be summoned to Worcester Superior Court for arraignment
Thursday, January 27, 2005
Gardner lawyer is indicted on more drug charges
By Gary V. Murray TELEGRAM & GAZETTE STAFF
WORCESTER—
A Gardner lawyer previously under indictment on sexual assault and drug
charges has been indicted on additional drug charges.
A Worcester County grand jury returned the indictments
charging Gary R. LeBlanc with possession of cocaine, possession of marijuana
with intent to distribute and possession of marijuana with intent to distribute
within 1,000 feet of a school zone. The charges were lodged after police
obtained a warrant and searched Mr. LeBlanc’s home at 20 Cross St., Gardner, on
Jan. 14. The grand jury action will move the charges from Gardner District Court
to Worcester Superior Court.
In July, a grand jury indicted Mr. LeBlanc on two counts of
rape and single counts of drugging for
sexual intercourse,
indecent assault and battery, distribution of cocaine, distribution of cocaine
within 1,000 feet of a school zone and providing
alcohol to a minor. Those charges are also pending in Worcester Superior Court.
A motion to dismiss the charges was taken under advisement by
Judge Peter W. Agnes Jr. after a Dec. 16 hearing. Judge Agnes had not ruled on
the motion as of yesterday.
Mr. LeBlanc, 50, is alleged to have raped an 18-year-old
woman in early February in his home after providing her with cocaine and
alcohol. He has pleaded not guilty. Louis P. Aloise, one of his lawyers, argued
at last month’s hearing that the evidence presented to the grand jury was
insufficient to support the charges.
Mr. LeBlanc’s status as a lawyer was listed as “active”
yesterday on the Web site of the state Board of Bar Overseers. Mr. LeBlanc is
free on $10,000 cash bail. His case has been continued to Feb. 2.
Saturday, February 5, 2005
Rape, drug charges stand
By Gary V. Murray TELEGRAM & GAZETTE STAFF
WORCESTER— A grand jury heard
sufficient evidence to indict Gardner lawyer Gary R. LeBlanc on sexual assault
and drug charges, Superior Court Judge Peter W. Agnes Jr. has ruled, denying a
motion by Mr. LeBlanc’s lawyers to dismiss the indictments.
Mr. LeBlanc, 50, is awaiting trial in Worcester Superior
Court on two counts of rape and single counts of drugging for sexual
intercourse, indecent assault and battery, distribution of cocaine, distribution
of cocaine within 1,000 feet of a school zone, and providing alcohol to a minor.
The indictments stem from allegations that Mr. LeBlanc raped an 18-year-old
woman on Feb. 2, 2004, at his home at 20 Cross St., Gardner, after plying her
with cocaine and alcohol.
Mr. LeBlanc has pleaded not guilty. A hearing was held Dec.
16 on a motion to dismiss the charges, filed by his lawyers, Louis P. Aloise and
Michael C. Wilcox. Mr. Aloise argued at the hearing that the evidence presented
to the Worcester County grand jury that indicted Mr. LeBlanc in July was
insufficient, as a matter of law, to sustain the charges. Mr. Aloise told Judge
Agnes the evidence did not support the prosecution’s contention that the woman
was so intoxicated she was incapable of engaging in consensual sex.
In a 12-page ruling issued Wednesday, Judge Agnes said he
found the defense argument to be “without merit.”
Friday,
December 17, 2004
Dismissal sought in rape, drug case
Gardner lawyer charged in assault on teen girl
By Gary V. Murray TELEGRAM & GAZETTE STAFF
WORCESTER— A Gardner lawyer
accused of rape and drug offenses is asking that the charges against him be
dismissed.
Gary R. LeBlanc, 50, of 20 Cross St., Gardner, is awaiting
trial in Worcester Superior Court on two counts of rape and single counts of
drugging for sexual intercourse, indecent assault and battery, distribution of
cocaine, distribution of cocaine within 1,000 feet of a school zone and
providing alcohol to a minor.
Mr. LeBlanc allegedly raped an 18-year-old woman in early
February in his home after providing her with cocaine and alcohol. He has
pleaded not guilty. Mr. LeBlanc is additionally charged in Gardner District
Court with unrelated cocaine and marijuana offenses stemming from an Aug. 19
police raid at his home.
A hearing was held yesterday in Worcester Superior Court on a
motion filed by Mr. LeBlanc’s lawyer, Louis P. Aloise, seeking the dismissal of
the Superior Court indictments. Judge Peter W. Agnes Jr. took the motion under
advisement and continued the case to Jan. 18.
Mr. Aloise argued that the evidence presented to the grand
jury that indicted Mr. LeBlanc in July was insufficient, as a matter of law, to
sustain the charges.
Mr. Aloise said the alleged victim’s testimony before the
grand jury and statements to police did not support the prosecution’s contention
that she was so intoxicated at the time of the alleged sexual assaults that she
was incapable of engaging in consensual sex.
Citing case law, Mr. Aloise said there was no evidence
suggesting that force was used or that the alleged victim was rendered “wholly
insensible” or “unconscious” as a result of her consumption of alcohol and drugs
and was therefore incapable of consenting to sexual relations.
“It is unfortunate that the commonwealth was more interested
in an indictment than getting to the truth of this case because had the
commonwealth been interested in the former, much more detail could have been
elicited from this alleged victim to further demonstrate that she had full
control of her faculties,” Mr. Aloise and his partner, Michael C. Wilcox, said
in their motion to dismiss.
“The point here is that without a scintilla of evidence that
the victim was so wholly intoxicated that she was virtually stupefied at the
time of the alleged contact, the grand jury lacked sufficient evidence to indict
the defendant,” the lawyers said in their motion.
Mr. Aloise also argued yesterday that the grand jury heard no
evidence indicating the substance allegedly given to the teen was, in fact,
cocaine, other than her stated belief that it was. He said there was no evidence
that his client gave anything to the alleged victim with the specific intent of
procuring sex.
Christine M. Tetreault, an assistant district attorney in
Hampden County who has been assigned as a special prosecutor in the case, told
Judge Agnes she would rely on the minutes of the testimony before the grand jury
and the reasonable inferences that could be drawn from it, which she said were
“more than sufficient” to support the charges against Mr. LeBlanc.
Special justice requested to hear motion
Worcester Telegram & Gazette (MA)
November 13, 2004
GARDNER - A special justice has been requested to hear a motion by lawyer Gary R. Leblanc to dismiss drug charges after a prosecutor in the case failed to appear yesterday for a pretrial hearing in Gardner District Court.
Mr. Leblanc, 50, is facing charges of possession of cocaine, possession of marijuana and possession of marijuana with the intent to distribute. He was arrested Aug. 19 after a search of his home.
During yesterday's hearing, he made the motion to dismiss the charges due to lack of prosecution. The case was continued to Jan. 26.
August 21, 2004
Gardner lawyer held on additional charges
Author: George BarnesWorcester Telegram & Gazette (MA)
GARDNER -- With his lawyer, Gary R. Leblanc, under arrest in the basement lockup of Gardner District Court, John J. Matesowicz was asked if he wanted to have his case continued.
``Can I get another attorney?'' he asked Judge Dennis J. Brennan.
The judge then continued Mr. Matesowicz's probation violation hearing until Sept. 23 to give him time to hire a new lawyer.
Mr. Leblanc, 50, was arraigned yesterday on charges of possession of cocaine, possession of marijuana and possession of marijuana with the intent to distribute. He pleaded not guilty to the charges and Judge Brennan set a bail of $2,000 cash, or $20,000 with surety.
Mr. Leblanc also had been served with a restraining order earlier this week.
Although Mr. Leblanc might have been able to make bail, he was held without bail pending a hearing in Worcester Superior Court on an alleged violation of the terms of his bail in a rape case involving an 18-year-old woman. He had been arraigned Aug. 7 in Superior Court on charges of two counts of rape and single counts of drugging for sexual intercourse, indecent assault and battery, distribution of cocaine and distribution of cocaine within 1,000 feet of a school zone, and providing alcohol to a minor. That case was continued to Sept. 24.
Mr. Leblanc was released in the Superior Court case on personal recognizance, but one of the conditions of the bail was that he remain drug-free.
Police say a search Thursday night of Mr. Leblanc's home at 50 Cross St. turned up marijuana, cocaine and drug paraphernalia. Police searched the house after receiving a warrant earlier in the day based on information supplied by an undisclosed citizen.
According to court documents, police found and confiscated from the house about $30 worth of cocaine in a strainer, $30 worth of marijuana in a heart-shaped box, a similar amount of marijuana in a Volkswagen-shaped container, about $50 worth of marijuana in a Marlboro cigarette box, a small amount of marijuana in a blue bag with cigarette rolling papers, and about $150 worth of marijuana in a clear plastic bag under the sink in his bathroom.
Police also confiscated $930 in cash found in Mr. Leblanc's bedroom, a black case containing a measuring scale, and a detoxification drink.
The day before the search, Mr. Leblanc was served with a temporary restraining order issued for a 25-year-old woman who told police she was his second cousin. The order will be reviewed at a hearing Aug. 27.
The 25-year-old woman indicated on the restraining order that Mr. Leblanc placed her in imminent fear of physical harm and that he caused her to engage in sexual relations by force, threat of force or duress.
The order prohibits Mr. Leblanc from having any contact with the woman, orders him to stay away from her residence and workplace, and to stop abusing her either physically or by threat or using force or threats or duress to make her engage in sexual relations.
The woman, who said she had been living at Mr. Leblanc's house for three months, told police Mr. Leblanc became angry when she told him Tuesday she planned to find an apartment for herself and her two children. She also said he previously made unwanted sexual advances toward her.
He reportedly had been charging her $800 per month rent, $400 of which was paid through cooking, washing and cleaning for him. She said her father arranged for her to live there after she left an abusive relationship with another man.
Lawyer Martin Kallio of Winchendon represented Mr. Leblanc during yesterday's hearing.
Mr. Kallio told Judge Brennan that Mr. Leblanc was not under the influence of drugs or alcohol when he was arrested. He said his client has not been convicted of any drug charges and the drugs found in his home could have been placed there by many people.
August 20, 2004
Lawyer faces new charges
Author: George BarnesWorcester Telegram & Gazette (MA)
GARDNER -- A Gardner lawyer already facing sexual assault and drug charges was arrested last night after police found illegal drugs at his Cross Street home, said Police Lt. Gerald J. Poirier.
Gary R. LeBlanc, 50, 20 Cross St., was arrested and charged with possession of cocaine, possession of marijuana and possession of marijuana with intent to distribute, Lt. Poirier said.
Lt. Poirier said Mr. Leblanc was arrested by members of the North Worcester County Drug Task Force, who searched his home after receiving a tip about possible criminal activity. Gardner District Court Judge Patrick A. Fox issued a search warrant yesterday afternoon.
Mr. Leblanc is being held on $50,000 cash bail pending arraignment today in Gardner District Court.
The charges add to the serious legal problems already facing the lawyer. Mr. Leblanc was arraigned Aug. 7 before Judge Timothy S. Hillman in Worcester Superior Court on two counts of rape and single counts of drugging for sexual intercourse, indecent assault and battery, distribution of cocaine, distribution of cocaine within 1,000 feet of a school zone and providing alcohol to a minor.
That case was continued to Sept. 24.
The alleged victim is an 18-year-old woman and the offenses are alleged to have occurred on either Feb. 1 or Feb. 2 at Mr. LeBlanc's home, according to police and court records.
Mr. LeBlanc, who is represented in that case by lawyer Louis P. Aloise, pleaded not guilty to all charges during his arraignment. He was released on personal recognizance, but the judge set various conditions of release that were requested by Christine M. Tetreault, an assistant district attorney in Hampden County who was appointed as a special prosecutor in the case.
Judge Hillman ordered that Mr. LeBlanc have no contact with the alleged victim and other witnesses in the case. The judge further ordered that Mr. LeBlanc remain drug-free, submit to random drug testing and report to the Worcester Superior Court Probation Department at the discretion of probation officials.
Mr. Aloise initially objected to the prosecutor's request that Mr. LeBlanc be ordered to remain drug-free and submit to random drug tests as a condition of his release. The defense lawyer said there was no basis for such orders, other than what he described as the ``uncorroborated'' allegations of the alleged victim.
Lt. Poirier would not comment on whether the arrest yesterday on drug charges was a violation of Mr. LeBlanc's terms of release from Superior Court.
Mr. Leblanc's office telephone was answered yesterday with the message, ``Despite the unfavorable press coverage, our office will remain open, and we will be conducting business as usual. Each of our existing clients will be contacted over the next few weeks with regard to the allegations reported in the news.''
Saturday,
August 7, 2004
LeBlanc must submit to drug tests
By Gary V. Murray TELEGRAM & GAZETTE STAFF
WORCESTER- A Gardner lawyer
who was indicted last month on sexual assault and drug charges pleaded not
guilty yesterday in Worcester Superior Court.
Gary R. LeBlanc, 50, of 20 Cross St., Gardner, was arraigned
on two counts of rape and single counts of drugging for sexual intercourse,
indecent assault and battery, distribution of cocaine, distribution of cocaine
within 1,000 feet of a school zone and providing alcohol to a minor.
The alleged victim is an 18-year-old female and the offenses
are alleged to have occurred on either Feb. 1 or Feb. 2 at Mr. LeBlanc's home,
according to police and court records.
Mr. LeBlanc, who is represented by lawyer Louis P. Aloise,
responded with a loud "not guilty" yesterday as each of the charges was read.
Judge Timothy S. Hillman released Mr. LeBlanc on personal
recognizance, but the judge set various conditions of release that were
requested by Christine M. Tetreault, an assistant district attorney in Hampden
County who was appointed as a special prosecutor in the case.
Judge Hillman ordered that Mr. LeBlanc have no contact with
the woman, her father or other potential witnesses in the case. The judge
further ordered that Mr. LeBlanc remain drug-free, submit to random drug testing
and report to the Worcester Superior Court Probation Department at the
discretion of probation officials.
Ms. Tetreault said she asked for the no-contact order because
she was made aware that, before the case was submitted to the grand jury, Mr.
LeBlanc made repeated efforts to contact at least one of the witnesses.
Mr. Aloise said he did not object to his client being
prohibited from contacting the individuals listed by Ms. Tetreault, as long as
he or his investigator were not precluded from trying to interview potential
witnesses.
Mr. Aloise initially objected to the prosecutor's request
that Mr. LeBlanc be ordered to remain drug-free and submit to random drug tests
as a condition of his release. The defense lawyer said there was no basis for
such orders, other than what he described as the "uncorroborated" allegations of
the alleged victim.
Mr. Aloise later agreed to the request. He objected to Ms.
Tetreault's request that Mr. LeBlanc also refrain from the consumption of
alcohol. That request was denied by Judge Hillman.
Ms. Tetreault had said that in addition to the allegations
that formed the basis for the drug distribution indictments against Mr. LeBlanc,
the facts of the case suggested that Mr. LeBlanc, himself, was abusing drugs and
alcohol during the relevant timeframe.
In response to Ms. Tetreault's request that Mr. LeBlanc
report in person to the Probation Department at least once a week, Mr. Aloise
said his client is a lifelong resident of Worcester County, continues to
practice law here, has family in the area and is not a risk to flee.
Judge Hillman continued Mr. LeBlanc's case to Sept. 24.
Mr. LeBlanc declined to comment on the charges against him
after his arraignment, saying his lawyer had advised him not to respond.
Saturday, August 7, 2004
Attorney pleads not guilty in rape
By Gary V. Murray TELEGRAM & GAZETTE STAFF
WORCESTER-- Gardner attorney Gary LeBlanc pleaded not guilty to charges he drugged and raped an 18-year-old female at his home in Worcester Superior Court Friday.
Superior Court Judge Timothy Hillman released LeBlanc on personal recognizance, but ordered that he stay away from the victim, her father and 13 witnesses, and submit to drug testing at the discretion of the Probation Department
"Prior to the grand jury ... the defendant was making repeated efforts to contact at least one of the witnesses in this case," Special Assistant District Attorney Christine M. Tetreault told the judge.
He must also refrain from consuming alcohol or drugs
LeBlanc, dressed in a dark suit and carrying a briefcase, stood facing the judge Friday morning answering "not guilty" to seven charges in a loud and unwavering tone.
Several people in the hallway called out "Hey, Gary" and patted him on the back as he exited the courtroom and strolled down the hall, entering the lawyers' room.
LeBlanc is a relatively well-known local attorney who has practiced in the area for quite some time, according to police.
He represented a Fitchburg abuse victim last year in an lawsuit against the Rev. Robert E. Kelley --a former Leominster pastor who was sentenced to five to seven years in prison for raping two girls.
A grand jury indicted LeBlanc, 50, of Cross St., Gardner, on two charges of rape, distribution of cocaine, distribution of cocaine within 1,000 feet of a school zone (Helen Mae Sauter Elementary School), providing alcohol to a minor, drugging a person for sexual intercourse, and indecent assault and battery.
LeBlanc's attorney, Louis P. Aloise, argued that no evidence existed to justify pretrial drug tests.
Tetreault said the facts of the case indicate LeBlanc was abusing drugs and alcohol.
"There are no drugs that have been found on Mr. LeBlanc's person or residence," said Aloise, adding that it's only based on allegations of the alleged victim. "There really isn't a basis. ... You have no evidence to suggest a drug problem at all."
The incident allegedly happened with a "local" woman at LeBlanc's home, directly across from the elementary school, on Feb. 2, according to Gardner police.
The 13 prosecution witnesses include Gardner detectives, Heywood Hospital workers, and representatives from the Gardner School Department and Gardner Engineering and Surveying Department.
The Hampden County district attorney's office is handling the case to avoid any conflict of interest, since LeBlanc works in Worcester County courts.
LeBlanc has a history of assault charges in Gardner and Fitchburg District Court. An assault and battery charge was dropped in 2000. He was charged with assault and battery, intimidating a witness, and threatening to commit a crime in 2004, but a jury found him not guilty in Fitchburg District Court.
Friday, July 23, 2004
Grand jury indicts Gardner lawyer
Gary LeBlanc faces rape, drug charges Gardner lawyer
faces rape, drug charges
By Gary V. Murray TELEGRAM & GAZETTE STAFF
WORCESTER- A
Gardner lawyer has been indicted on sexual assault and drug charges.
A Worcester County grand jury handed up indictments yesterday
in Worcester Superior Court charging Gary R. LeBlanc, 50, with two counts of
rape, drugging for sexual intercourse, indecent assault and battery,
distribution of cocaine, distribution of cocaine within 1,000 feet of a school
zone (Helen Mae Sauter elementary school) and providing alcohol to a minor. Mr.
LeBlanc's home is directly across the street from the elementary school.
The crimes are alleged to have occurred on either Feb. 1 or
Feb. 2 at Mr. LeBlanc's home, 20 Cross St., Gardner. The sexual assault charges
involve one alleged victim, an 18-year-old female, according to Detective
William C. Crockett of the Gardner Police Department. The home address is also
the location of his law offices.
The investigation by Gardner
police and the Hampden County District Attorney's Office took five months, and
involved "a lot of interviews, a lot of legwork," said Detective Crockett, who
participated in the investigation.
The Hampden County DA's office was brought in to avoid a
conflict of interest, since Mr. LeBlanc is a lawyer in Worcester County.
Efforts to contact Mr. LeBlanc by telephone yesterday for comment were
unsuccessful. He was admitted to the Massachusetts bar in 1984, according to the
state Board of Bar Overseers Web site, which lists his status as a lawyer as
active and states that he has no record of public discipline.
Despite that, Mr. LeBlanc has a history of charges brought
against him in Gardner. They include: assault and battery in 2000, charges of
which were later dismissed; violating a restraining order in 2003, later
dismissed; assault and battery, intimidating a witness and threatening to commit
a crime in 2004, found not guilty by a Fitchburg District Court jury on June 25,
2004. The case was technically a Gardner District Court case, but heard in
Fitchburg, according to Gardner District Court.
District Attorney John J. Conte could not be reached
yesterday and additional information about the allegations against Mr. LeBlanc
was not available.
January 17, 2005
Police OT drains coffers -
Gardner faces tough choices
Worcester Telegram & Gazette (MA)
Author: Jason Feifer
GARDNER - Because of city budget shortfalls, the Police Department has endured years of understaffing. However, as the thinly stretched police force works to keep the station manned at all times, those staffing cuts have translated into consistently large overtime costs and stressed officers.
"The bottom line is the citizens of the city have to be protected," said Detective William C. Crockett. "So whether or not we have a full force or not, one way or another we have to be there - whether it's on our shift or on overtime. That's the way it is."
Since July, the city has devoted about $200,000 of its free cash to police overtime. Mayor Gerald E. St. Hilaire said that by the end of the fiscal year this summer, he expects the city to have paid about $250,000 - an increase from the $226,000 spent in fiscal year 2004 and the $210,000 spent in 2003.
For a city that has saved money by cutting school busing for some students, those figures represent lost opportunities on other fronts. Mr. St. Hilaire said the money could have been used for a variety of things - ironically, he said, including hiring another police officer.
Tomorrow, the City Council will vote to appropriate another $30,000 for police overtime - a vote that has become routine business for the council.
But the mayor said that is "the cost of doing business." Police must be available at all times, and that means dealing with the high price.
Much of the overtime is mandatory. For example, officers have had to rearrange their schedules to cover for others who are on vacation or sick. And with the short staffing of the department, a small number of absences can leave a large hole in coverage.
This current fiscal year has been particularly trying, since one officer has been serving in Iraq and another was out for months recovering from knee surgery.
Detective Crockett, who serves as a union steward, said many officers are working long weeks and are exhausted by all the overtime. "A lot of the guys are getting really worn out," he said.
Mr. St. Hilaire concurred, and said he has had many conversations with the police union about the problem. He said that if people had told him 25 years ago that a police union would complain about having too much overtime, he'd have called them crazy. Now he shares the union's frustration.
Many city officials are also sympathetic. Requests for additional overtime funding are seldom challenged at council meetings, and last week Ward 3 Councilor Roger Jaillet praised the Police Department for organizing itself in a way that ensures all shifts are sufficiently covered.
The number of on-duty officers required varies by time and day. Detective Crockett said the staffing requirements are set not only for the safety of residents but for the safety of officers.
A slight reprieve came in November, when money to hire two officers was included in a supplemental budget. Also, the officers who have been away from the department for a while are both expected to be back shortly.
But there is still a long way to go. Three years ago, 37 people were working in the Police Department; 10 have been lost to staffing cuts.
The mayor said he hopes to hire another officer in the next fiscal year, but he could not make any guarantee.
The Fire Department has been hit with similar staff cuts, but is organized in a way that avoids the level of overtime costs necessary for police, Mr. St. Hilaire said.