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Saturday, August 30, 2014

Jury begins deliberations in Nashua rape trial

NASHUA – Frank Moore admits he had sex in a gritty abandoned parking lot with a 14-year-old girl last summer. What he won’t admit is that he forced himself on her.

Prosecutors said Moore, a 30-year-old Massachusetts man, is a manipulator and liar, and that he lured and then brutally raped the girl on July 11, 2013. ...

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NASHUA – Frank Moore admits he had sex in a gritty abandoned parking lot with a 14-year-old girl last summer. What he won’t admit is that he forced himself on her.

Prosecutors said Moore, a 30-year-old Massachusetts man, is a manipulator and liar, and that he lured and then brutally raped the girl on July 11, 2013.

“You have proof of sexual contact and nothing more, which is what Frank Moore told you happened,” public defender Michael Davidow told the jury during his closing argument. “The physical evidence makes her story impossible.”

Assistant Hillsborough County Attorney Catherine Devine told the jury of nine men and five women the victim did everything she was supposed to do after a rape, including telling someone immediately, going to a hospital and talking to police.

In return, she has been investigated, blamed and portrayed as a promiscuous liar, she said.

“What you just heard from attorney Davidow is what’s known as victim blaming,” she said Friday.

“If this was consensual, why would she report it right away and go through all of this? Why would anyone?”

Moore is facing six counts of aggravated felonious sexual assault, as well as several lesser counts of felonious sexual assault.

A witness tampering count was dismissed during the trial.

Moore and the alleged victim testified during the trial this week.

The girl said she expected to talk with Moore about a shared interest in cooking and to get advice about culinary schools.

Instead, he took her to a parking lot behind an abandoned West Hollis Street building, pinned her to the ground and raped her, she said.

While Moore admitted to having sex with the girl, he said he did not force himself on her.

During a phone call recorded by police, Assistant Hillsborough County Attorney Karinne Brobst said, Moore told the girl he would lose his children if she reported him – and even put one of his children on the phone with the alleged victim.

Davidow said the girl’s mother complained to a therapist about the teen’s penchant for lying and her impulsivity.

He also said her description of the incident has changed several times between her initial interviews with police, at the Child Advocacy Center and at the trial.

He said she made up the story about being raped because she was afraid she might be pregnant and of her mother’s
reaction.

“Her story is more violent here in court than it was the following day,” Davidow said.

Moore has been in jail since his arrest last summer.

His trial was delayed while a pair of psychiatric experts evaluated him, eventually leading Hillsborough County Superior Court Judge Charles Temple to rule Moore was essentially faking mental illness in an attempt to avoid a trial.

The first psychiatrist to evaluate Moore, Dr. Dennis Becotte, said Moore was not competent to stand trial and should be re-evaluated after six to nine months of treatment. A second psychiatrist, Dr. Albert Drukteinis, said Moore is competent to go to trial, according to Temple’s ruling.

Both experts said Moore has a plethora of diagnoses, including borderline personality traits, adjustment disorder and depressive disorder, according to Temple’s ruling.

The psychiatrists agreed on much of their diagnoses except when it came to Moore’s ability to satisfactorily consult with his attorneys.

He has also described himself as a “manipulator, liar and deceptive,” and claimed he had a secret stash of money somewhere during jailhouse phone calls, according to Devine.

The jury was expected to hear its final instructions from Judge Charles Temple on Friday afternoon and then begin its deliberations.

Joseph G. Cote can be reached
at 594-6415 or jcote@nashua
telegraph.com. Also, follow Cote on Twitter (@Telegraph_JoeC).