DA drops prosecution in Easthampton rape case

  • Creatas​​ Creatas​​

Staff Writer
Published: 10/16/2018 9:38:20 PM

NORTHAMPTON — After three mistrials, the Northwestern district attorney’s office has dropped prosecution of a Springfield man on child rape and indecent assault and battery charges for incidents allegedly involving two girls between 1998 and 2009 in Easthampton.

The DA’s office said in court filings that it continues to believe in and stand by the alleged victims in the case against Kevin DiRocco.

“Toward that end, it is the Commonwealth’s position that further prosecution of this case is not in their interest, and that it would result in undue and unnecessary hardship for them,” court records state.

The court paperwork was filed on July 24, and was submitted by Northwestern Assistant District Attorney Caleb Weiner.

DiRocco was charged with the molestation and rape of two girls that he knew. According to court documents, the assaults allegedly began when the girls were 3 and 4 and ended when they were 13 or 14. When DiRocco was prosecuted, the women were in their 20s. DiRocco has repeatedly denied the allegations.

DiRocco’s prosecution led to three mistrials, the last of which concluded in June of this year. Weiner was the prosecutor in all three trials, two of which went to the jury.

“The juries worked very hard,” said Rachel Weber, DiRocco’s attorney.

Weiner’s filing of a nolle prosequi — a discretionary decision on the part of a prosecutor to no longer proceed with charges in a criminal case — does not preclude or prevent refiling of criminal charges.

“The victims in this case were involved in every stage of the process, including this one,” Weiner said, citing the Massachusetts Victim Bill of Rights.

Asked about the inclusion of the continued belief in DiRocco’s accusers in the nolle prosequi, Weber noted that two juries had not been able to get a unanimous verdict in the case. She also said that the Commonwealth is permitted to maintain whatever position it likes.

“It’s not up to any of the parties what the outcome is going to be,” she said, saying that outcome is up to the jury.

“That’s part of what the jury system entails,” she said.

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