Thursday, February 24, 2011

Man's sexual assault trial set - Alleged crime 20 years ago

By Gary V. Murray TELEGRAM & GAZETTE STAFF

WORCESTER — Nearly 20 years after he is alleged to have
committed the crime, a Boston man is scheduled to stand trial June
6 on charges of sexually assaulting a woman in her Dewey Street
apartment.

Tyrone Garden, 46, was indicted April 19, 2007, on aggravated rape
and assault with intent to rape charges in the alleged Sept. 18, 1991,
sexual assault of the 33-year-old woman.

The woman, who lived with her 10-year-old son at the time, reported
to police that she was awakened in the middle of the night by a man
on top of her who told her he had a gun and threatened to kill her if
she moved or made any noise. She said she was raped after pleading
with the intruder not to harm her or her son, who was asleep in
another room.

No suspect was identified as a result of the initial police investigation.
On Sept. 11, 2006, one week before the 15-year statute of limitations
would have expired in the case, however, police sought a criminal
complaint against Mr. Garden in Central District Court.

That occurred after investigators learned that Mr. Garden's DNA
profile, which was in the CODIS, or Combined DNA Index System
database, matched a genetic profile derived from forensic samples
recovered in the 1991 rape investigation, police said.

The criminal complaint charging Mr. Garden with aggravated rape was
issued the day it was sought. On April 19, 2007, a Worcester County
grand jury returned indictments charging Mr. Garden with aggravated
rape and assault with intent to rape and his case was transferred to
Worcester Superior Court.

After a brief hearing Tuesday, Judge Peter W. Agnes Jr. set the June

6 trial date. Mr. Garden, who has pleaded not guilty and remains in
custody in lieu of $50,000 cash bail, is represented by lawyer John
M. Goggins. Assistant District Attorney Joseph J. Reilly III has been
assigned to prosecute the case.