BOSTON, April 26, 2016—The Massachusetts Appeals Court has rejected a serial rapist’s appeal of the Suffolk County convictions that led to his lengthy state prison sentence, District Attorney Daniel F. Conley said.
In an unpublished decision released Friday, the Appeals Court affirmed the 2013 conviction of JOSE S. CASTILLO (D.O.B. 5/17/76) in connection with four assaults on women working as prostitutes in Chelsea during 2010. Castillo is currently serving a sentence of 17 to 19 ½ years in state prison for aggravated rape, rape, assault with a dangerous weapon, and two counts of assault with intent to rape and assault and battery with a dangerous weapon.
In its ruling, the Appeals Court stated that the trial judge did not err in allowing a motion by prosecutors to try the four assaults together rather than at separate trials.
“In the judge’s discretion, evidence concerning the other victims would have been admissible in separate trials because it ‘showed a common pattern or course of conduct toward [the victims], [it] was sufficiently related in time and location to be logically probative,’ and it ‘corroborated the victim[s’] testimony and rendered it not improbable that the acts charged might have occurred,’” the court said, quoting prior case law.
The justices additionally found no error in the trial judge’s ruling that one victim who admitted to having taken a prescription drug was competent to testify or in certain evidentiary rulings, including the admission of redacted medical records of one victim who died before the trial.
“This defendant targeted vulnerable women, women he didn’t think others would care about or believe,” Conley said. “But he was wrong – Chelsea Police detectives and Suffolk prosecutors went to great lengths to give them a voice and hold the man who hurt them accountable. It’s important for all victims to know that if you come forward, you will be treated with dignity and respect. We will fight for justice on your behalf at every step – even years after a conviction.”
During a seven-day trial, Suffolk prosecutors proved that in September and October of 2010, Castillo picked up each of the four victims in a van in Chelsea before driving them to an area not far from the Chelsea Soldiers Home where he assaulted each at knifepoint. Two of the victims were raped; two others were able escape after a struggle. Each reported the assault to Chelsea Police.
Castillo was identified as the assailant in March 2011, after one of his victims saw him driving in the area of Broadway and took down his license plate number before flagging down a Chelsea Police officer. DNA evidence in two of the assaults proved to be a match to Castillo’s unique genetic profile.
Sexual assault can happen to anyone. While the victims of any crime are asked to call 911 in an emergency, survivors of sexual violence can also call their local rape crisis center for free and confidential services and to discuss their options. Support is available for all survivors of sexual violence, regardless of whether they wish to take part in a criminal prosecution. Services by city and town can be found at www.janedoe.org/find_help/search.
In Suffolk County, the Boston Area Rape Crisis Center offers a free and confidential 24-hour hotline at 800-841-8371. The Boston Area Rape Crisis Center provides medical accompaniment and many other free services to victims of rape and sexual assault. Suffolk victim-witness advocates can assist in referrals to BARCC and a wide array of non-profit service providers who can offer additional support and services.
Assistant District Attorney Janis Smith, deputy chief of the DA’s Appellate Unit, argued the case on appeal. Assistant District Attorney Tara Burdman prosecuted the case at trial. Anne Kelly-McCarthy is the DA’s assigned victim-witness advocate. Castillo was represented on appeal by Marcie Vaughan.
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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
