Convicted rapist seeks early release from prison

NASHUA – Twenty years nearly to the day after a jury convicted him on 14 charges accusing him of raping a young girl over two years, former Nashua resident Randy Lavallee explained to a Superior Court judge why he should be granted early release from state prison.

Lavallee, 58, who lived at 3 Strawberry Bank Road until he was sentenced in November 1998 to a total of 22 1/2-45 years in prison, accused Assistant County Attorney Brian Greklek-McKeon of “attempting to mislead” a Superior Court judge “on several levels” in the motion Greklek-McKeon filed objecting to Lavallee’s motion for early release.

The charge was among several points Lavallee raised both in his five-page, handwritten motion and verbally at a hearing last week in Hillsborough County Superior Court South.

Lavallee, representing himself, appeared at the hearing via video conference from state prison. Superior Court Chief Justice Tina Nadeau, who presided over the hearing, told Lavallee she would issue her ruling promptly.

The allegations first came to light in 1996, when the victim, then 16, reported that Lavallee had sexually assaulted her on numerous occasions when she was between 12-14 years old.

He was eventually charged with six counts of aggravated felonious sexual assault and five counts of felonious sexual assault, all felonies, along with three misdemeanor counts of sexual assault.

Lavallee went to trial in early 1998, and on Feb. 12, the jury came back with its guilty verdicts.

Nearly nine months would pass, however, before Lavallee was sentenced. The delay was attributed to the post-verdict motions he filed, claiming, among other things, that his attorney failed to effectively represent him. He also filed, pro se, a motion to set aside the verdict, which was denied.

Similarly, Lavallee at last week’s hearing, cited examples of his allegations that Greklek-McKeon, the assistant county attorney who represented the state at the hearing, “misled” the judge.

In June 2007, Lavallee said he was paroled to his second sentence, not his third sentence, as Greklek-McKeon stated in his objection to Lavallee’s motion.

Also, the prosecutor’s statement that Lavallee was convicted “on all charges” is inaccurate, Lavallee pointed out; he was actually found not guilty of one count of assault on a minor.

“Not to lesson (sic) the severity of the charges,” Lavallee noted.

He also appeared to take issue with comments he says were made by a member of the state parole board during his most recent hearing in 2005.

“They asked me my age, I was 45 at the time … when I told them, one of them told me, ‘you’re going to be a very old man by the time you leave here,'” Lavallee said, referring to a board member.

Greklek-McKeon, in arguing against Lavallee’s early release, said that while he recognizes that Lavallee earned his GED and enrolled in, and completed, several prison programs, suspending the remainder of his sentence “would send the wrong message.

“The motion he filed does not express remorse, regret, for his actions,” Greklek-McKeon said.

But more importantly, the victim, who he said initially intended to be present at the hearing, remains “very fearful” of Lavallee, and even of his family.

“Please let the judge know I intended to come” to the hearing. … I still worry even if the judge denies this. I fear members of his family will follow me,” the woman, now 37, wrote in an email to prosecutors, referring to Lavallee’s motion.

She said Lavallee has “ruined my life … he stole my childhood. I’m still in therapy because of what he did to me,” she wrote, adding that she has “lost jobs because of PTSD and other” disorders she said she’s been diagnosed with.

“Randy Lavallee may be in prison, but I’m (also) in prison – in my own mind,” she wrote. “I still fear he will find me and harm me.”

But as has been the case since Lavallee was convicted some 20 years ago, his sister, Bonnie Lively, holds fast to her belief that her brother is innocent.

“It’s not true. It’s a made-up story,” Bonnie Lavallee said at her brother’s sentencing in November 1998.

Granted her request to address the court at last week’s hearing, Bonnie Lavallee said the family “hasn’t seen (the victim) since (Randy Lavallee) was incarcerated.”

Turning to Greklek-McKeon, she appeared to question the authenticity of the victim’s email that Greklek-McKeon had just read.

“Is that a notarized letter?” she asked, before Nadeau told her to address her comments only to her.

“Randy’s been a good role model in prison. He’s been gone a long time … we wish he could come home,” Lavallee said. “He has a home, my home.

“He just wants to live his life at home.”

Dean Shalhoup can be reached at 594-1256, or @Telegraph_DeanS.