Victim expresses relief over rape sentence

After testifying in three trials about the April night in 2001 when she was raped in her bedroom, the victim of an identical twin serving time for another rape spoke after his sentencing yesterday about her ordeal.

Darrin Fernandez, 31, formerly of Dorchester, who is already serving a 10- to 15-year sentence on a 2000 rape was sentenced yesterday in Suffolk Superior Court to 15 to 20 years behind bars for the 2001 rape, closing a case that had two hung juries. Fernandez had been found guilty of three counts of rape, two counts of indecent assault and battery, and other charges March 22 after a jury deliberated five hours.

''I'm glad this is over and that he's going to a place where he's not going to pose a threat to anyone," said the 2001 rape victim to reporters outside the courthouse after the sentencing. ''My hope is that he doesn't get out and do this to someone else." She had been attacked as she slept in the bedroom of her home of Peverell Street in Dorchester.

In a statement read in court by Assistant District Attorney David Deakin, the victim, a 34-year-old teller supervisor who now lives in Chicago, also spoke of the fear and anxiety she still suffers from the attack and the trouble she has sleeping.

While many innocent victims of crime were targeted when they were ''in the wrong place at the time," she said she never imagined that ''the wrong place would be in my own home, in my bed, and the wrong time would be while I was sleeping."

''It has been almost five years since April 27, 2001, and now I sleep with the lights on and the radio playing and I have periodic bouts of insomnia. I knew if I didn't do what I could to see this to the end, I would feel personally responsible if he did it again," Deakin read.

Fernandez will begin serving time for the latest conviction when he completes the sentence he is serving for the 2000 rape.

The victim of the 2000 rape, which was on Hecla Street, attended the sentencing yesterday and sat next to the other victim. After listening to Judge Raymond J. Brassard hand down the sentence, the woman praised the the victim in the most recent case, saying she showed bravery for testifying during three trials. ''Three times is the charm. I'm so happy for her."

Before the sentencing Fernandez rose and addressed the victim in the most recent case. ''I'm innocent," he said. ''I didn't rape you, and time will tell." He also addressed the judge. ''Your honor, you allowed this erroneous trial to happen," he said.

Both victims shook their heads as he spoke.

The victim whom Fernandez had previously been convicted of raping at her parents' home on Hecla Street in August 2000, had testified at his most recent trial and wept in relief when he was convicted.

The two previous trials in the most recent case resulted in hung juries, but in the third, prosecutors were able to present evidence that Fernandez had committed four similar break-ins and several sexual assaults in the neighborhood over a 10-month period, including the rape for which he has been convicted.

They had not been permitted to present this evidence the first two times.

Procopio said that evidence was crucial in overcoming arguments by the defense that DNA evidence gathered during the 2001 rape could have come from Darrin Fernandez's twin, Damien.

Fernandez's lawyer, Robert Zanello, has filed an appeal.

Prosecutors had sought a 25- to 30-year sentence for Fernandez, according to David Procopio, spokesman for Suffolk District Attorney Daniel Conley but Deakin called the sentence ''firm."