PRISON SU­PER RE­FUSES PLAN

Rapist re­quests pa­role for can­cer

Boston Herald - - NEWS - By KATH­LEEN McKIER­NAN

A prison su­per­in­ten­dent or­dered to come up with a med­i­cal pa­role plan for con­victed rapist Ben­jamin LaGuer — who is al­legedly dy­ing of liver can­cer — has re­fused.

Worces­ter Su­pe­rior Court Judge J. Gavin Rear­don Jr. now has to de­cide whether the De­part­ment of Cor­rec­tion and North Cen­tral Cor­rec­tional In­sti­tu­tion Su­per­in­ten­dent Col­lette Goguen are in civil con­tempt of court af­ter he or­dered her to sub­mit a plan for the felon by Oct. 10.

“LaGuer doesn’t have much time,” Rear­don said yes­ter­day in Su­pe­rior Court in Worces­ter. “The process should go to an ap­pel­late court sooner or later. It is im­por­tant we get guid­ance.”

LaGuer was con­victed in 1984 of beat­ing, rob­bing and rap­ing his 59-year-old neigh­bor in Leomin­ster. He was sen­tenced to life in prison but is now re­quest­ing med­i­cal pa­role be­cause he is al­legedly suf­fer­ing from ter­mi­nal liver can­cer. LaGuer’s lawyers say he has four months to live. He ap­plied for med­i­cal pa­role in April, al­lowed un­der state law for pris­on­ers dy­ing from ter­mi­nal ill­ness.

Goguen’s lawyers have ar­gued that LaGuer has the bur­den to sub­mit a med­i­cal pa­role plan and se­cu­rity mea­sures and would not do so.

Jeff Har­ris, at­tor­ney for LaGuer, ar­gued the DOC is show­ing an “abuse of dis­cre­tion” by re­fus­ing to come up with the med­i­cal pa­role plan be­cause LaGuer didn’t ad­dress po­ten­tial se­cu­rity con­cerns.

“I’m not try­ing to sug­gest there shouldn’t be any se­cu­rity con­cerns ad­dressed,” Har­ris said. “Of course there should. He un­der­stands if this hap­pens there’ll be con­di­tions.”

LaGuer has main­tained his in­no­cence in the case.

STAFF PHOTO BY NANCY LANE

NOT ‘MUCH TIME’: Ben­jamin LaGuer has re­quested med­i­cal pa­role be­cause he is al­legedly dy­ing of liver can­cer.

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