Jury finds David Fried Oppenheim guilty on five counts of statutory rape
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NORTHAMPTON - Over the quiet sobs of family and supporters, David Fried Oppenheim had handcuffs snapped around his wrists before being led out of the courtroom Monday, minutes after a jury of seven men and five women found him guilty on five counts of statutory rape of a child.
Fried Oppenheim, of Easthampton, was convicted of repeatedly raping a former intern, performer, and volunteer at the Pioneer Arts Center of Easthampton between October 2005 and June 2007, beginning when the victim was 14 years old. Judge Mary-Lou Rup set sentencing for March 8.
Fried Oppenheim's defense team of David Hoose and Luke Ryan argued their client had been wrongfully accused, citing a lack of evidence as grounds for finding him not guilty. They also sought to discredit his accusers.
Before the jury returned its verdict, Fried Oppenheim and his wife, Sonia Fried Oppenheim, gripped hands in the courtroom gallery until the whites of their knuckles showed.
Jurors had deliberated for about 2½ hours Friday afternoon after a full week of testimony before being dismissed for the weekend. The jury resumed deliberations Monday at 9 a.m. and delivered its verdict at about 3 p.m.
Fried Oppenheim stood with his defense team for the reading of the verdicts. He showed little emotion as the five verdicts were read aloud. His mother, Joan Fried, sobbed quietly from the gallery, flanked by Sonia Fried Oppenheim, and another son, David's brother, Daniel.
Ryan kept his hand squarely on Fried Oppenheim's shoulder as the verdicts were read.
At a brief press conference following the jury's verdict, Assistant Northwestern District Attorney Linda Pisano thanked her legal team and the efforts of the Easthampton Police Department to help bring in a conviction.
Pisano said the victim and the other former PACE students who testified that Fried Oppenheim had sex with them or was sexually inappropriate with them during their time with the theater were "nothing short of amazing" in coming forward with their testimonies.
Pisano said the recommended penalty in such cases is three to five years in state prison, although Rup could sentence Fried Oppenheim to a life sentence.
Pisano said the recommended sentence could be doubled in cases where there are multiple charges or aggravating factors, but she has not had time to review what sentence will be sought.
She said the conclusion of the trial had been an enormous emotional relief to the victim and the other witnesses who testified.
"They've been holding in some pretty big secrets," Pisano said.
The testimony of those witnesses, who declined to be interviewed Monday, was the deciding factor in the jury delivering guilty verdicts, Pisano said.
The victim in the case will have the opportunity to present a victim impact statement at Fried Oppenheim's sentencing, but Pisano said she did not know yet if she would choose to do so.
In a telephone interview later in the afternoon, Hoose said that while the verdict was disappointing to Fried Oppenheim and his family, he did appreciate the level of attention he felt the jury gave to the case.
Hoose said he felt he and Ryan had established enough reasonable doubt during the trial for verdicts of not guilty to be returned.
Hoose said that he and the family are weighing their options on whether to pursue an appeal of the court's decision.
While the defense team has not decided on the sentence it will request at Fried Oppenheim's sentencing hearing, Hoose said the defendant's family, friends, and supporters plan to write letters of support to be considered at that hearing.
Hoose declined to comment on whether he thought there was one piece or a collection of pieces of evidence that may have tipped the jury one way or another.
Meanwhile, Fried Oppenheim was released on cash bail of $5,000 set by Rup.
Pisano had asked the judge to consider holding Fried Oppenheim without bail, considering that he had just been convicted.
"The playing field has completely changed," Pisano said. "The incentive to flee has increased dramatically."
Hoose countered that his client has family and support in the area and that he has given no indication throughout the trial that he would be anything but compliant with the directives of the court. He suggested a bail of up to $10,000.
"He will show up and face the consequences," Hoose told Rup.
The conditions for Fried Oppenheim's release after posting bail are that he report to probation three times a week, that he continue to refrain from any unsupervised contact with any child under 16, save his own, and that he have no contact with the victim or any of the prosecution witnesses.
Pisano said now that the trial is over she plans on "going home and decompressing," and then, "On to the next case."
