Heard: May 10, 2018.
found and returned in the Superior Court Department on
September 13, 2002. A motion to withdraw pleas of guilty and
for resentencing, filed on December 13, 2016, was heard by J.
Gavin Reardon, Jr., J.
C. Gauthier, IV, for the defendant.
Donna-Marie Haran, Assistant District Attorney, for the
Present: Trainor, Ditkoff, & Wendlandt, JJ.
on a long and brutal series of rapes and assaults on a single
victim, the defendant, Richard L. Gilbert, pleaded guilty to
multiple crimes, including eleven indictments for aggravated
rape, in a plea without an agreement regarding disposition.
Concluding that multiple counts of aggravated rape may be
premised on a single aggravating factor, we reject the
defendant's claim that three of his aggravated rape
convictions and eight of his convictions of lesser offenses
must be vacated. Further finding no ineffectiveness in plea
counsel's lengthy sentencing argument or his advice to
the defendant, we affirm the Superior Court order on the
defendant's motion for postconviction relief.
approximately 9 P.M. on June 26, 2002, the victim, a
thirty-eight year old woman, arrived home alone to the
apartment in Worcester that she shared with her two
school-aged children. She encountered the defendant outside
her apartment and exchanged cursory greetings with him before
turning to her apartment. As she unlocked the door, the
defendant pushed the victim inside and grabbed her face to
cover her mouth as she screamed. He threw her face first onto
the floor and told her to unbutton and unzip the shorts she
was wearing, then pulled them down with her underpants. He
repeatedly threatened her "to just do what he
said," and not to scream. He said he "would hurt
her," but that it "would be over in a minute."
defendant tried to enter the victim's vagina and rectum
but was unable to do so. He then performed oral sex on her
and digitally penetrated her vagina and rectum. The victim
begged the defendant to let her go, falsely telling him her
children would be home at any moment. The defendant did not
stop; instead, he lifted her off the floor, told her they
were leaving the apartment, took her keys, and carried her
across the hallway to a second apartment, where the
defendant's parents lived. The door was locked, and he
was unable to enter despite kicking and banging on the door.
He told her, "We're going back to your place,"
and said, "If you make any noise, I'll snap your
defendant reentered her apartment with the victim and made
her get on the floor. He grabbed some clothing and used it to
gag and bind the victim with her hands behind her back, then
took the victim out a back door to another hallway. They
entered his parents' apartment through an unlocked back
door. Once inside, he took the victim to a room with a
mattress on the floor and told her to lie down. The defendant
rubbed lotion and cream all over her body, then alternated
between penetrating the victim vaginally and performing oral
sex on her. He also forced her to perform oral sex on him.
The defendant then turned the victim on her stomach, gagged
her mouth, and hog-tied her hands and feet together. He
carried her to a different bed in another room, then went
inside a bathroom and returned with a hypodermic needle.
Showing it to the victim, he said, "This is what drugs
do to you. I'm a product of my environment. . . .
It's almost over." The defendant took the hog-tied
victim into the bathroom and put her on her hands and knees,
then penetrated her anally until she screamed in pain. He
stopped, then penetrated her vaginally and forced her to
perform oral sex on him.
defendant prepared the needle for the victim, giving her an
option: injection into her arm or into her neck. The victim
begged the defendant not to inject her at all; nevertheless,
he injected the needle into her buttocks and told her it was
liquid valium. He shaved her pubic area and lathered her body
with cream before vaginally raping her again and forcing her
to masturbate herself. The defendant prepared another needle
and injected the victim a second time into her foot. He put
the victim on all fours and penetrated her from behind, then
orally, ejaculating into her mouth. He made the victim wash
her mouth out, telling her she was rinsing away evidence.
defendant prepared a third needle, the victim said she
"didn't feel right"; she was shaking, her mouth
was dry, and she was experiencing heart palpitations. He
replied, "[T]hat's what was supposed to
happen," and injected her a third time, telling the
victim "this was dinner and dancing." He also said
to "never forgive him and what he did was a horrible
thing," and that he had "added time because he had
kidnapped her from her apartment." Then he vaginally
raped her again.
point the defendant untied the victim, letting her put on a
pair of his jeans while he made a telephone call. On the
telephone, the defendant said he had blacked out and awakened
with someone he had taken against her will, but that it was
too late to turn back now. He made the victim say hello to
whomever he was talking to before hanging up. After the call,
the defendant ordered her to undress ...