Judge won't combine Zerola trials
Dec. 15—SALEM — A Suffolk Superior Court judge on Wednesday denied a request by prosecutors to combine two open rape cases against attorney Gary Zerola of Salem.
While Judge Janet Sanders shared the view of prosecutors that the accusations against Zerola — involving young women who say they awoke to find themselves being sexually assaulted after a night of drinking with Zerola — are similar, she concluded that the cases, some four years apart, with one ready to be tried, should not be combined now.
Zerola has pleaded not guilty in both cases.
Sanders said that four-year gap and the different procedural postures of each case would result to "significant prejudice" to Zerola.
The 50-year-old lawyer, once chosen by People magazine as one of the nation's "most eligible bachelors," has faced a series of rape allegations but has never been convicted.
After the most recent allegations came to light, the Suffolk District Attorney's office heard from other women who say Zerola sexually assaulted or raped them as far back as the mid-1990s — a time when Zerola would have still been in law school. He later worked for the Essex District Attorney's office and then for Suffolk County's district attorney before entering private practice more than 20 years ago.
While the 2016 case, which also involved allegations in Boston, was transferred to Middlesex County due to Zerola's former role in Suffolk, prosecutors in Suffolk County now believe that his time in the district attorney's office was remote enough and brief enough in time that their involvement in the cases would not pose a conflict.
Sanders noted in her ruling Wednesday morning that prosecutors could still seek to introduce evidence of prior or subsequent allegations under certain circumstances when the more recent cases go to trial, but she was not taking any position on or ruling on such a request.
Lawyers for Zerola in his 2016 case and his case from January strenuously argued against combining the cases on several grounds, including the unfairness of delaying an already-long-postponed case and the potential prejudicial effect of trying two similar cases at the same time before the same jury.
Sanders acknowledged the numerous delays in the 2016 case and suggested that the older case, which had been moved to Middlesex County due to Zerola's former work in the Suffolk District Attorney's office, be tried as soon as possible.
The 2021 case, "in stark contrast," is still in the earliest stages of pretrial motions and exchange of evidence, the judge said.
Sanders also disagreed with prosecutors that the cases should be tried together in the interest of "judicial economy," saying that any extra time or resources of the judicial system would be minimal in comparison with the risk that Zerola might not receive a fair trial.
Zerola has been free on bail and conditions of release in the two pending cases, confined to a Salem condo while he awaits trial.
Courts reporter Julie Manganis can be reached at 978-338-2521, by email at jmanganis@gloucestertimes.com or on Twitter at @SNJulieManganis
Courts reporter Julie Manganis can be reached at 978-338-2521, by email at jmanganis@gloucestertimes.com or on Twitter at @SNJulieManganis
