Ex-prosecutor acquitted of rape charge

Zerola had been accused of attacking 19-year-old

GARY ZEROLA Pending cases

A Suffolk Superior Court jury acquitted a former state prosecutor yesterday of attempted rape charges.

Gary Zerola, 36, named by People magazine as one of the nation's most eligible bachelors in 2001, faced a variety of charges in an alleged attack on a woman, who was 19 at the time, at his Boston apartment in the early morning hours of Aug. 18, 2006.

The woman, now 20, testified in graphic detail about her struggle with Zerola in the apartment, saying that, at one point, Zerola forced her into his bedroom, slamming her head into a door frame.

The Globe's policy is to not publish the names of alleged victims of sexual assaults without their permission, and the woman could not be reached for comment following the verdict.

During the trial, Zerola took the stand in his own defense. His brother, Paul, said after the acquittal that he believes that is why the jury voted to acquit.

"Gary was honest, sincere," Paul Zerola said of the testimony and the acquittal. "He's elated. . . . He feels the mistruths and false accusations of this [woman] have come to light. He's excited to go on with his life."

Paul Zerola would not address the pending cases in Massachusetts and Florida in detail, but said, "those are also false accusations, and we intend on proving that in a court of law."

In a statement, Middlesex District Attorney Gerard T. Leone Jr. said his office respects the jury's decision. "We were confident in the case we put before the jury, but we must respect their decision today and we thank them for their service to the Commonwealth," Leone said.

Middlesex prosecutors declined further comment, explaining that his office would not speak further because there is a rape case pending against Zerola in Suffolk County dating to 2004. In Miami, Zerola faces a sexual assault charge in an alleged attack on an 18-year-old woman at a hotel last October. He has pleaded not guilty to that charge.

In the case decided yesterday, the woman had testified she had known Zerola for a couple of weeks when they met to go shopping in Boston. During what Zerola's defense lawyer, Janice Bassil, said was a long date, Zerola paid $450 to buy the woman a Dolce & Gabbana dress.

She also testified they took painkillers and drank until they returned to his apartment, where she contended the assault took place. She called 911 on her cellphone, and a six-second segment was played for the jury.

Paul Zerola said his younger brother, who was a foster child and set up a foundation to help foster children, wants to resume practicing law and helping others once his criminal cases are resolved.

"He would like to continue to give voice to those who have none," he said.