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Ex-'Most Eligible' bachelor is acquitted

Former prosecutor faced rape charge

A Suffolk Superior Court jury yesterday acquitted a former prosecutor of rape, the second legal victory in two months for the 36-year-old man once named one of the nation's "most eligible" bachelors by People magazine.

Gary Zerola, known for his neat appearance and his work on behalf of foster children, faced four counts of rape and one charge of procuring alcohol for a minor. The charges stemmed from an episode in his Boston apartment in February 2004 with a 19-year-old woman.

"I'm very thankful the jury spent the time and attention to finding the truth in this case," one of Zerola's lawyers, Hank Brennan, said in a telephone interview.

In January, a Suffolk Superior Court jury acquitted Zerola of attempted rape and other related charges involving a different 19-year-old woman in his apartment in August 2006.

Because Zerola was formerly a prosecutor with the Suffolk district attorney's office, the office of Middlesex District Attorney Gerard T. Leone Jr. handled both cases.

In a statement, Leone said: "We put our best case forward, and while disappointed, we accept today's verdict and thank the jury for their service. We also continue to be troubled when evidence that we believe is critical for a jury's complete and full consideration is excluded in a case."

While Zerola has been exonerated in two cases in Massachusetts, he still faces a sexual assault charge in an alleged attack on an 18-year-old woman at a Miami hotel in October. Zerola has pleaded not guilty to that charge.

Brennan said he hopes that the two acquittals will persuade Miami officials to drop their case. 

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