Thursday, March 4, 2010

Lynn man sentenced for aggravated rape

Lynn Item
3-4-2010
Lynn man sentenced for aggravated rape
By Karen A. Kapsourakis / For the Item

NEWBURYPORT - A Lynn man convicted of raping and beating a woman with a sword at his Alley Street home in 2008 may spend up to 25 years behind bars.Cornelius Moore, 52, of 82 Alley St., #2, Lynn, went on trial last week in Newburyport Superior Court on charges of aggravated rape and assault and battery with a dangerous weapon, a sword, in connection with a sexual assault at his home on Aug. 18, 2008.A 12-person jury comprised of eight women and four men deliberated for about three hours, finding Moore guilty as charged Tuesday afternoon.He was sentenced Wednesday afternoon by Judge Richard E. Welch, III, to serve 12-to-15 years in state prison on the aggravated rape charge and will serve another 8-to-10-years in prison on the assault and battery with a dangerous weapon charge.In essence, Moore will serve not less than 20 years and not more than 25 years in prison before he is released.Assistant District Attorney Greg A. Friedholm presented evidence at trial that on the night of Aug. 18 the victim, who was in her 50s, went to his apartment to apparently see an area where she could store some items. They were acquaintances at the time.While at his apartment, Moore forced himself on the woman while threatening and beating her with a sword.Defense lawyer Rebecca Whitehill argued during the trial that the women had fabricated the incident and that her client was innocent of all charges. Moore did not take the stand in his own defense.Friedholm sought a 25-to-30 year punishment, saying it was based upon "not only the violence perpetrated upon the victim, but also takes into consideration the violent criminal history of the defendant that spanned two decades," he said.Moore has numerous violence charges on his record, including a 2005 Lynn incident when he allegedly rammed his car at patrons standing outside Cesar's Palace Lounge on Buffum Street after bartenders had ejected him for being belligerent and verbally abusive.Moore is also a registered sex offender for being previously convicted of indecent assault and battery.Whitehill asked the judge for leniency, proposing a lesser punishment.Friedholm later credited the work of the Lynn Police Department for their investigation of the case.Moore was indicted by an Essex County grand jury in September of 2008 and has been held in custody in lieu of $50,000 cash bail since being arraigned. The judge credited him the 562 days he spent awaiting trial on the case.

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