Wednesday, November 4, 2009

Massachusetts man charged with sexually assaulting man with intellectual disability

From The Salem News:

SALEM, Mass. — A man who received just a suspended sentence for sending child pornography to someone he thought was a 14-year-old boy back in 2004 is now facing charges that he lured a mentally disabled 23-year-old to his apartment and sexually assaulted him Oct. 31.

Michael Cipoletti, 45, of 62 Mason St., pleaded not guilty to charges of indecent assault and battery on a mentally disabled person and witness intimidation during his arraignment in Salem District Court yesterday afternoon.

Police Lt. Conrad Prosniewski told a judge that the victim, who met Cipoletti at a day program for mentally disabled adults in Peabody, wanted to see Salem during the Halloween festivities.

"We believe Cipoletti planned this," said Prosniewski, who said Cipoletti gained the young man's confidence and then brought him back to his apartment with a plan to take advantage of him.

The younger man told police that once at Cipoletti's apartment, they ordered Chinese food. Then Cipoletti said he was going to brush his teeth and then "get the victim into his bed," the police prosecutor said.

The victim told police he was uncomfortable as the two "horsed around." Cipoletti eventually removed some of the younger man's clothing.

Cipoletti had pleaded guilty in Peabody District Court and received a 21/2-year suspended jail term in 2004 for sending child pornography to an undercover state trooper posing as a 14-year-old boy.

His lawyer at the time, Thomas Barrett, told a judge that Cipoletti was a "tortured, depressed, compulsive man" who had been abused as a child.

Since then, Cipoletti has apparently qualified for disability income based on his own psychological issues, his lawyer, Jesse Dole, told Judge Richard Mori.

Dole questioned why the victim didn't simply leave. He also said Cipoletti insists he stopped the "mutual playfighting" when the victim got upset.

Prosniewski, meanwhile, said that Cipoletti followed the victim in his car after he left, telling the younger man he would stop following him only if he promised not to call the police. The victim told him he wouldn't, but then called 911 after Cipoletti drove away.

Mori set bail at $10,000 cash, but also ordered Cipoletti held on a warrant from Peabody District Court.

A probable cause hearing is scheduled for Dec. 2.