Former Salem Prosecutor Sentenced To 5 To 10 Years On Rape Conviction

SALEM, MA — Gary Zerola, the former prosecutor from Salem convicted on a rape charge last month, was sentenced to five to 10 years in prison by a judge in Suffolk Superior Court on Monday.

Zerola, a former Suffolk County Assistant District Attorney who also previously worked in the Essex DA's office, was convicted in June on a charge that he sexually assaulted a 21-year-old woman while she was sleeping following a night of drinking in 2021. He was acquitted of aggravated rape and burglary charges in the case.

"Insidious cases like this often present real challenges at trial and we thank the jurors for rendering a just verdict," Suffolk DA Kevin Hayden said. "I want to commend the survivor in this case for her courage and resilience and for her willingness to come forward and testify at trial and speak her truth.

"That must have been extraordinarily difficult and most of us can only imagine how difficult that must be."

Zerola, now 54 years old, has previously been acquitted of rape charges three times.

He was once named one of People Magazine's "Top 50 Most Eligible Bachelors."

The DA's Office had requested a nine- to 13-year sentence, arguing that the "victim was especially vulnerable, and Zerola 'used position or status to facilitate commission of the offense.'"

"Zerola knew that the much younger victim was especially vulnerable to violation by him," the sentencing recommendation the AG's Office provided to Patch said. "He had witnessed her alcohol consumption, her illness in his Jeep, and her condition back in her apartment that culminated in her being fast asleep. Although all of the jurors affirmed during impanelment that they would not automatically hold the 28-year age difference against Zerola, the gap in maturity and life experience (including experience with drugs and alcohol) was inescapably part of an imbalance between him and the victim."

"We view this case as a relief (in the verdict) and (as providing) some accountability," said Assistant District Attorney Ian Polumbaum, who prosecuted the case. "We don't talk about it as a victory because the true just situation would have been that this never happened. But we're relieved and we're gratified that the jury validated what happened to this survivor in this case.

"We're only as good as our evidence and she was tremendously strong in coming forward to begin with — let alone testifying in court about it."