Tuesday, February 21, 2012

Nicastro charged, pleads not guilty to two counts of rape

By Annie Maroon and Arielle Aronson/DFP Staff

UPDATED Feb. 22, 1:21 a.m.

Boston University men’s hockey defenseman Max Nicastro pleaded not guilty to two counts of rape at a Brighton District Court arraignment Tuesday morning.

After being arrested Sunday at 6:30 a.m. by Boston University police Nicastro, 21, was held in jail until his arraignment.

If convicted, Nicastro, a junior, could face up to 20 years in state prison.

He was released Tuesday on $10,000 bail under a no-contact order forbidding him from having any direct or third-party contact with the alleged victim.

He is due back in court on March 26 for a probable cause hearing.

While the case is ongoing, he is permitted to return to his home state of California. Nicastro has also been suspended indefinitely from the Boston University hockey team.

BU spokesman Colin Riley said Tuesday afternoon Nicastro is “currently not enrolled at the university.”

“We have to do a fact-finding and investigation,” Riley said. “We get information from the student who is accusing the other student as well as the accused, and what we try to do is determine whether or not the student has violated the university’s code of student responsibilities, and that deals with the status of a student to be here. And if we believe a student has violated the code, then we make appropriate sanctions.

“In this case, for something like a sexual assault, the sanctions tend to be more on the severe side of things, but we first have to do an investigation to make a determination.”

Nicastro entered the courtroom on Tuesday in handcuffs. His mother, who had flown to Boston from California, was in the room for the arraignment. Nicastro covered his face throughout the arraignment with a legal pad.

Prosecuting attorney Gloriann Moroney said the alleged victim received medical treatment and underwent medical testing at Beth Israel Deaconess Center after the incident, which occurred on campus early Sunday morning. She was later released from the hospital.

The police report was impounded by the court and will not be released to the public due to the sensitive nature of the case.

During the arraignment, Hugh Curran, Nicastro’s attorney, said that Nicastro committed no criminal act.
The defense made a motion during the arraignment to preserve surveillance camera videos as evidence in connection with the case.

Through three seasons with the BU hockey team, Nicastro has played in 102 games, in which he has recorded 11 goals and 22 assists. He was drafted in the third round of the 2008 NHL Draft by the Detroit Red Wings.

Riley said the university will continue to hold informational sessions about sexual assault on campus to raise awareness of the issue, but students must ultimately hold themselves responsible for their own decisions.

“We can certainly have sessions and there are sessions that student organizations do, that Student Health does. There are quick sort of things that we point out to people,” Riley said. “We can do all the sessions we want, but ultimately this comes down to people stopping and taking a little stock about how they are engaged with other people, how they treat other people. So I hope that we can have more of an opportunity to have discussions, individually.”

For the victims of sexual violence and their friends and families, Riley said the university can provide support and resources in various ways.

“In the case of sexual assault, there are any number of agencies near the university or in Massachusetts that we work with too,” he said. “And I often remind people that this is the kind of thing that not only affects a single victim who may have been involved, but also friends and family, and we like to make sure that particularly those friends and family – [who are also part of the BU community – that we also reach out to them and offer them assistance too.”

In a press release, Suffolk County District Attorney Daniel Conley urged victims of any sexual violence to first call 911. Additional help for victims of sexual violence is available through the Boston Area Rape Crisis Center’s 24-hour hotline at 800-841-8371.

48 comments:

  1. Wow, Nicastro is in BIG trouble.

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  2. So is Nicastro taking the fall for the rest of the players?

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  3. Any Hockey players arrested in the Peeping Tom incidents?

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  4. Rest of the players? You are an absolute jerk! This is something he did by himself. How in the world would you even attempt to tie in other individuals that were no where around when this happened? Please crawl back under your rock.

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  5. Surveillance cameras, he is dead. Parker must go.

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    1. How is this Parker's fault? He has done everything over the years to weed out these jerks and he will continue to do so. If you don't understand this than you nothing about the way B.U. hockey has operated over the past 40 years, as I do.

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    2. If you don't bring in a lot of jerks there aren't a lot to weed out. BU has kicked more people out of their program than just about any other one in the country. Don't tell me you think it's because Parker is the most strict coach in the country.

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  6. I read in another article that it was actually his attorney, Curran, that made the motion to preserve the surveillance camera evidence.

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  7. how is any of this Parker's fault, will people STOP with that nonsense?? Jack hasn't been recruiting the best "citizens" but he has no say over their bad decisions AWAY from the rink...we need to start focusing on the victims and the unfortunate incidents involving Max and Trivino (regardless of whether they are found innocent or guilty in the end)...hockey is NOT relevant at this point!

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    1. You say Jack has not been recruiting the "best citizens" but it is not fault that they do what they do? He is responsible for the type of "student" brought on campus. I don't know what has happened to Mr Parker. In the past the "kids" recruited went on to be, for the most part, outstanding adults. I think that he has gotten so far away from the program that Bavis has been put in charge. He has not done a great job vis a vis BC. I understand that one of the recruited freshmen has a felony on his record for larceny. With only a handful of new players this year why was not this checked and if it was why was he recruited. This player is not even high profile. What the hell is going on here? Where is Dr Brown. As an old alum and almost fifty year hockey fan I am disgusted.

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    2. How would you have obtained that information? That is a very serious accusation to throw around like that.

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    3. I think Parker has recruited more than enough solid citizens. There is always going to be a few bad apples. But look at Shattenkirk who graduated in three years, took summer courses. Ryan Ruikka is finishing his master's. Luke Popko also graduated with a minor degree, and he majored in economics. Anyways it's not like Trivino and Nicastro were just recruited by BU, both were highly recruited by other big name schools, and they chose where to play.

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    4. So what about the academic losers like Scott King, Chris Bourque, Dan Lacouture, Charlie Coyle, Warso, etc...?


      And why do we always have the fewest number of players on the Hockey East Academic Team?

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  8. Hope he enjoyed a couple of nights in the clink. That's what the hockey players entitlement gets them. Parker must go.

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  9. Jack has been recruiting the best "citizens" ? That might be the best joke ever told in the history of college hockey.

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    1. Parker's statement about the focus on academia was hilarious too.

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    2. its says hasn't been recruiting the best citizens. learn to read.

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  10. Boston papers bash BU for the 3rd day in a row.

    Thanks Parker! Thanks Lynch! Thanks Brown!

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  11. Boston Globe says BU student arrested at border for smuggling drugs into US. Anyone know if this is a hockey player?

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    1. Out of the 30 students involved in this, only 4 are known to be BU students. None are hockey players. Those affiliated with BU are believed to be members of the Ski Club (not a varsity sport, a student-run club).

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  12. I'm tired of everyone blaming Parker. While he isn't innocent where is Dean Elmore? Most schools require students to take a course on Alcohol. What about a course on Sexual Assault and/or Harassment? He did a PSA after the fire but did they do anything after the Trivino situation? Where were Nicastro's teammates? Why didn't they take him home or stop him from going with the girl? The team should finish the season and be done. No Hockey East tournament, No Frozen Four. While boys may be boys, its time for them to realize that No means No.

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    1. Don't indict the whole team, that's not fair. They have a right to finish the season for themselves their fans, the school, and the alumni supporters. They are a very good team and showed their character after the Trivino incident. Why don't you take a look at all the misdeeds of B.C. athletics including game fixing and point shaving scandals in their history, or Penn State football which COVERED UP atrocities for YEARS!

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    2. The more you talk about BC and Penn State and NOT BU, the more you make our school look ignorant. This has nothing to do with BC or Penn State. This is about BU and addressing the problem here. WAKE UP and help address this problem and help fix it!

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  13. Insiders say more bad news on the way.

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  14. sounds like Jim has a grudge and never played at a higher level than Pewee B.

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  15. I hear Nieto is leaving. Is that right?

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    1. Do you have a source for that or are you just starting a rumor?

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    2. Nieto a pretty solid guess given his prior bad behavior before and at BU.

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    3. Heard from where?

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    4. I hope he didn't drop a deuce on a girl's car again. Kids these days. Sheesh.

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  16. USCHO hints more bad news on the way and that this will make Parker look like a liar based on the interview in the Globe.

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    1. Where do you get this? I just checked USCHO and saw nothing of the kind. Confirm and advise!

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  17. I heard Hillel House is organizing an anti-violence protest in front of Agganis for the Vermont game. Can anyyobe confirm this?

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    1. Do they know its an away game and nobody will be there?

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  18. My friends at UVM say they have a profane anti-BU chant based on our Fu&k Em Up Chant that they will unveil at BU.

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    1. leave it to the classy hicks at UVM to take a sexual assault on a young woman and turn it into a profane chant at a hockey game. I'm sure the young woman in question will be glad to know that her misfortune will be the topic of a whole arena's obnoxious screaming this weekend.

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  19. Well I guess you have to focus on something when you're in the cellar of Hockey East with 0% chance of playing past next weekend.

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    1. BU's chances of playing beyond next weekend are greater than 0%.

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  20. Seems Parker has been on a downward spiral ever since he booted Andrew Glass for wanting to study for a test.

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    1. Parker has been on a downward spiral ever since Jerry York showed up down the street. That's Jack's lasting legacy at this point. 2009 was an anomaly if there ever was one.

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  21. Why did Nicastro get charged with 2 counts of rape? Did he rape a second girl or did he rape the same girl twice?

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  22. Word on campus is that at least two other players are in trouble. USCHO has also said this Can anyone confirm?

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    1. Again, I have checked USCHO every day since Nicastro was arrested and I have seen nothing about any other BU players being in trouble. Please tell us where USCHO has said what you say. Enough unfounded rumors.

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  23. ok what kind of trouble? Nicastro's kind or something else?

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  24. LOL at the task force. They will turn a blind eye to any and all issues with the hockey team. Who thinks something will be exposed?

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  25. The Globe is publishing a story about our players, their majors, and GPAs for the last 10.years on Sunday. Anything we should be worried about?

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  26. I heard Trivino charges were dropped except for breaking and entering.

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