The trial of Gary Zerola — the former Suffolk County assistant district attorney who has faced several allegations of sexual assault over the years — began Tuesday as he faces two counts of rape in connection with a 2016 case.
The 51-year-old former attorney, who also has worked as a criminal defense lawyer, is being heard in Suffolk Superior Court before Judge Michael Ricciuti.
Prosecutors accuse Zerola of assaulting his ex-girlfriend's friend after a night of partying together. The Commonwealth told the jury Tuesday that Zerola waited for the right time to rape his then-girlfriend's coworker while she was sleeping on a couch after a night of partying.
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The Commonwealth said Zerola asked to meet up with the pair after learning they were hanging out together after work. But Zerola's legal team says that's absolutely not true.
Instead, his attorneys say the alleged victim saw him post on social media and asked if she could join him. While hanging out and having drinks, his defense attorneys said the woman sat in his lap, pulled his face to hers and kissed him — despite the fact that he was her coworker's boyfriend.
The alleged victim told jurors she woke up with the defendant sexually assaulting her. She said she was shocked and swore at him.
On the stand, the woman recalled how Zerola gave her and a mutual friend a ride to her car after the alleged incident.
His defense attorney said initially, the alleged victim denied any physical contact until she saw there was a picture. Meanwhile, the prosecution said Zerola intentionally took advantage of the woman without her consent.
She said she was scared and didn’t say anything because she knew the defendant was an important Boston attorney.
The defense argued that the alleged victim has changed her story numerous times and took two days to report the alleged assault.
Zerola previously pleaded not guilty to the charges in the 2016 case.
He had posted $10,000 bail in that case and has since been awaiting trial. His attorney said those charges were "based upon a foundation of lies and we vigorously look forward to our day in court."
This trial is expected to last about four days.
In 2008, Zerola was acquitted in two rape cases out of Boston and had another dropped in Florida. The former prosecutor was once named one of People Magazine's top bachelors.
In a separate case in 2021, Zerola was accused of breaking into an apartment of an acquaintance he'd earlier driven home from a private party and having sex with her against her will.
