Rape defendants seek victim’s Facebook records
NORTHAMPTON — A Hampshire Superior Court judge is deciding whether attorneys for four Pittsfield men accused of raping a UMass student can have access to Facebook and other records from the alleged victim.
Emmanuel Bile, 19, Adam Liccardi, 18, and Justin King, 19, all of Pittsfield, and Caleb Womack, 18, of Windsor Locks, Conn., have pleaded not guilty to three counts of aggravated rape.
Liccardi faces a fourth count for allegedly returning to the woman’s room and raping her again after the others had left.
At issue are a year of Facebook records spanning the six months before and after the alleged attack on Oct. 13, 2012.
Assistant Northwestern District Attorney Jennifer Suhl, who is prosecuting the case, objected to the release of those records, according to the DA’s office.
Facebook and the alleged victim have also objected to the release ofthose records, according to the DA’s office.
“It is the Commonwealth’s position that the affidavit submitted in support of the motion contains third-level hearsay about any potential relevant records that might exist at Facebook,” the DA’s office said in a statement.
The DA’s office said it also feels the request is “over broad” seeking far more information than is relevant.
Defense attorneys are also seeking disciplinary records involving the alleged victim from UMass as well as medical records and communications between the woman’s attorney and the university.
Suhl said she did not object to the release of those records, because they do not exist, except for the medical records, which have already been provided.
Judge Richard Carey is taking the motions under advisement.
None of the defendants is a UMass student. According to prosecutors and court records, the four bypassed dorm security to gain access to the alleged victim’s room when she was not there. When she returned, she agreed to socialize with the defendants and two other female friends, drinking vodka and smoking marijuana with them, according to court records. Prosecutors say the rapes occurred after the woman’s friends left her alone with the defendants.
The men are all due back in court on Aug. 21 for a pre-trial hearing and a request for reduction in bail by King, according to the DA’s office.
King and Womack are free on $10,000 bail and Liccardi and Bile are free on $2,500 and $3,500 bail, respectively.
Womack unsuccessfully tried to have his bail reduced in January.
Bob Dunn can be reached at email@example.com.