PRISON SUPER REFUSES PLAN
Rapist requests parole for cancer
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.