The Brattleboro Reformer from Brattleboro, Vermont • 2

2 Saturday, February 27, 1 993 Brattleboro Reformer Man found innocent of murder in retrial Coach faces rape charges RANDOLPH, Mass. (AP) A school custodian who also works as an assistant high school football coach has been charged with raping seven local boys between 1985 and 1988. James M. Ferraro, 34, of Randolph, pleaded innocent in Dedham Superior Court Friday to seven counts of rape of a child under 16, five counts of assault with intent to rape a child under 16 and two counts of indecent assault and battery1 on a person 14 or older. Ferraro was ordered held on $5,000 cash bail and sent for alcohol treatment for 30 days at Bridge-water State Hospital.

Blood and DNA tests also were to be conducted. The victims ranged in age from 11 to 15. We feel relief that somebody was caught, a Randolph man whose son was sexually assaulted told The Enterprise of Brockton. But it brings back a lot of unpleasant memories, said the father, who asked that his name not be used. "This has been a tough thing to go through for my son and the whole family.

The string of incidents took place in neighborhoods with woods, bushes or other isolated areas where the assailant dragged his victims. Most of the attacks occurred in the same general vicinity not too far from where this individual lives, said Mike McGorty, spokesman for the Norfolk County district attorneys office. The boys were told that he had a knife, although they never saw a knife. McGorty said the assailant told his victims not to tell anyone of the attacks. He said some were asked for money.

The last reported assault was on Nov. 30, 1988. DOVER, N.H. (AP) A man imprisoned the past five years after he was convicted of murdering a Rochester woman was found innocent Friday in a retrial. Richard McCue, 29, of Rochester, stood silently as the verdict was read, then was hugged by his relatives as they yelled, clapped and wept.

I dont hold any bitterness against the state of New Hampshire, but there are a couple of officials who could have done a better job and avoided this whole thaw McCue said. Its unbelievable. Im glad its finally over. Im looking forward to spending some time with my family. Its been a long time coming.

The jury deliberated 13 hours over three days in Strafford County Superior Court. McCue said he plans to write a book about his experiences entitled Life in New Hampshire Without Parole. Assistant Attorney General Janice Rundle said McCue still is the states prime suspect in the case, but that the jury has spoken, and that ends the case. She had said she thought the state had a stronger case than in the first trial, and when asked the difference between the trials, she said some of the evidence was different on both sides. McCue was convicted of killing Alene Courchesne, 34, a mother of three, in 1987, but won a new trial due to juror misconduct.

A juror in the earlier trial went to examine the murder scene on his own. This jury was told McCue was granted a new trial because a juror behaved improperly, but not that he was convicted in 1988. Prosecutors claimed that evidence linking tire tracks and muddy boot prints pointed to McCue. They said McCue strangled Courchesne after they had gone out drinking and she spumed his advances, and dumped her body in a puddle off the Spaulding Turnpike in October 1987. In the first trial, the defense seemed to focus more on the possibility that the late Russell Healey was the killer, but this time disputed the time and place of death.

In the first trial, the defense did not dispute state Medical Examiner Dr. Roger Fossums testimony that death occurred between 30 and 90 minutes after Courchesne had her last drink, an indication that McCue still might have been with her. This time, a defense witness, a pathologist, said he examined autopsy records and determined death could have occurred up to five hours after her last drink. The defense also emphasized the possibility she could have been killed in her apartment, and noted that police did not search the apartment for five days after her death, allowing plenty of time to clean up any evidence. A man who worked for the landlord of the building also testified and that the landlord called him to clean up mud prints in the hallway the day after her body was found.

He did not testify at the first trial. AP APPEAL DENIED Pamela Smart is shown in this March 1991 file photo during her murder tiral in Exeter, N.H. New Hampshire high court rejects new trial for Smart Portsmouth base not on closure list that was selected. It also said the judge granted a two-week delay, did not receive any additional requests and proceeded after the short continuance on the insistence by defendant of her right to a speedy trial. The court also rejected Smarts contention that the trial judge succumbed to the press by not controlling the carnival atmosphere.

The court praised Grays conduct. Nothing in the conduct of the defendants trial remotely resembled these conditions, despite the media presence, justices wrote. It said Gray made it emphatically clear that he, and not the press, was in control of his courtroom. He instructed the media on how to behave in court, and the only evidence to support Smarts claim is the occasionally audible snapping of shutters of still cameras, It said any circus-like atmosphere occurred outside the courtroom, where Smart was mobbed by photographers, but that Gray kept the jury secured from the media. The 30 hours of videotapes of the trial showed the trial was conducted not in a carnival-like manner, but in the calm, dignified manner to which the defendant was entitled.

The court said there was no reason to sequester the jury earlier than Gray did. Absent a specific showing that the jury had been tainted by exposure to publicity, we hold that the court did not abuse its discretion in not ordering sequestration from the outset of the trial, the high court said. Smart was convicted of orchestrating Gregg Smarts murder shortly before their first wedding anniversary by persuading William Flynn, 15 at the time, and three friends to kill him. Smart, a media coordinator at Winnacunnet High School in Hampton, was convicted on March 22, 1991, of murder conspiracy and of being an accomplice to first-degree murder. She is serving a mandatory life sentence at the state prison for women in Goffstown.

The sensational case has produced one movie CONCORD, N.H. (AP) Former high school instructor Pamela Smart on Friday lost an appeal to overturn her murder-conspiracy conviction for coercing her teenage lover and his friends to kill her husband. The state Supreme Court unanimously rejected arguments that Smart, 25, is innocent and deserved a new trial. Smarts lawyer, J. Albert Johnson, said he spoke by phone with Smart, whose attitude was one of bitter disappointment and feeling of helplessness, even though she knows well appeal.

Johnson said he will file for a rehearing before the state court and will appeal to the U.S. Supreme Court if hes rejected. Smart's mother, Linda Wojas, said her daughter told her the decision only fuels my determination to go on. The state of New Hampshire has not seen the last of me. The victims parents couldnt be reached immediately for comment.

State Attorney General Jeffrey Howard said the state will deal with the appeal when it is filed, but as far as were concerned, the case is over. Johnson had argued Superior Court Judge Douglas Gray erred by not delaying the trial, by leaving it in Rockingham County and by not sequestering the jury earlier because of the intense national media attention. The court rejected every contention. We agree that the publicity surrounding the defendants case was enormous This avalanche, however, is not enough, the court wrote. "Distinguishing between straightforward factual publicity about a celebrated case and inflammatory, adverse press is crucial, and the bulk of the publicity was factual reporting, Justice William Batchelder wrote.

The court also noted that most of the stories appeared after the jury was selected and "had been continuously instructed by the trial court not to read or watch anything connected to the case. The court noted the defense did not object to the jury C93-2 Ames WE APOLOGIZE Due to the manufacturer's inability to ship, the following item on page 28 of our Sunday, February 28, Home Sale circular, will not be available: Ladies' 2-Pc. Shorty Pajama Set advertised for $10.99, Reg. $14.99. We will substitute a Ladies' Knit Pajama, on sale for $8.99, Reg.

$12.99. The Woven Ballerina Gown will still be available at the advertised price. We regret any inconvenience this may cause you. CHARLESTON, S.C. (AP) The Portsmouth Naval Shipyard is spared, but almost every Navy facility in Charleston is on a list of military bases to be closed or consolidated, meaning a possible loss of more than 41,000 jobs with a payroll of $1.1 billion, U.S.

Sen. Ernest Fritz" Hollings said Friday. Im afraid were in trouble, Hollings said. He called it the worst news we could receive. Hollings, would not say where he got the information but said he was confident it was the final list agreed on by the Navy and the Defense Department that will be given to the federal Base Closure Commission next month.

But, he said, I feel confident this is the list. Hollings said the Portsmouth yard between New Hampshire and Maine was not on the list. New Hampshire officials were taken by surprise at Hollings announcement. Its good news, said U.S. Rep.

Bill Zeliff, Its news to me, but I have all confidence that we will be off the list because weve done all the right things. He said he was surprised the information was leaked. (jov. Steve Merrill of New Hampshire said he would work with groups that have fought to keep the yard open until the official list is released. I am pleased that the Defense Department has recognized the value of the shipyard and the employees who work there, he said in a statement.

This is good news for the economy and the state of New Hampshire. U.S. Sen. William S. Cohen, R-Maine, a member of the Senate Armed Services Committee, could not be reached for comment, but an aide said he has received no official information and did not expect to receive any until the base closure list is made public March 15.

If its true, its certainly great news for Portsmouth and great news for Maine, Kathy Gest said of Hollings information. She said Cohen and other members of the Maine congressional delegation would continue to press the case for Portsmouth up to the deadline. Cohen plans to meet with Defense Secretary Les Aspin about the submarine repair yard prior to March 15, she said. The commission will recommend the final list to President Clinton. If the president approves, it takes a vote of both houses of Congress to reject it.

Were going to fight it all the way, Hollings said. BIRTHDAYS THANK to everyone who has provided emotional support, cards, flowers, and food upon the loss of our beloved wife, mother, and friend, Babs Elwell. LOTTERY Mini Blinds Vertical Blinds Pleated Shades WEATHER EYE Card of Thanks The family of Lena Parizo. who passed away on Feb. 10.

1993. wishes to thank Dr. Tepfer, Dr. Tortolani, Fescue. BMH Emergency Room, the ICU unit especially nurses Lisa.

Betsy. Carolyn, and Anne for their compassionate care. We wish to thank the family for being there for Lena, friends for being there for family. Father Mark for his prayers and words of comfort, and Michael Atamaniuk of Atamaniuk Funeral Home for his sincere caring assistance. Henry Parizo Ed, Betty, Evan, Mark John Connally is 76.

Joanne Woodward is 63. Elizabeth Taylor is 61. Ralph Nader is 59. Howard Hesseman is 53. Mary Frann is 50.

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3 SUNNY AND COLD today, highs in the 20s. Tonight, clear and very cold, lows zero to 10 below. Sunday, sunny, high near 30. Monday, fair and cold, low 5 below zero to 10 above, high 25 to 35. The area's best selection.

Savings up to 70 off Special thanks to Dr. Clarke, 'Dr. Jenkyn. and the entire 3rd floor staff at Brattleboro, Memorial Hospital, and to Cathi Wilken and her staff at the Windham Child Caret Association. Corky Elwell and His Family Mark the occasion with a birthday or anniversary mention of someone you know.

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