A Superior Court judge has ordered the superintendent of the North Central Correctional Institution in Gardner to submit a medical parole plan for inmate Benjamin LaGuer who is currently serving time for rape.
LaGuer who was convicted and sentenced in 1983 to life in prison for beating, raping and tying up a 59-year-old neighbor in her home, suffers from terminal liver cancer and has approximately four months to live.
Since his arrest, LaGuer has maintained his innocence. He has tried to launched several appeals but thus far has been denied a new trial. His five parole hearings have all been denied, with each board claiming that he has not taken responsibility for his crimes. The medical parole bid could be LaGuer’s last chance for freedom.
LaGuer has spent over three decades behind bars. If he had taken responsibility for the crime, he would have served no longer than ten years.
“It should be clear to everyone in this room that I will never trade my father's name for any reason, not even for my freedom," he said at a hearing back in 2010. At the time, one of LaGuer's attorneys, retired Superior Court Judge Isaac Borenstein, said he would give LaGuer a job as a legal assistant if he is released from prison.
He was denied yet again.
"If she saw a black man, some black men, she'd accuse them of being the person that attacked her," LaGuer’s attorney John LeChance explained to Wbur. "Even though the one she had pointed to in the courtroom as having attacked her was in jail and couldn't possibly be the person she saw on the street."
The crippling blow to LaGuer’s defense came when when DNA testing of a very small sample of evidence proved a 1 out of 100 million match. The DNA test was executed at the request of LaGuer himself.
His initial appeals for medical parole have been denied.