Man whose conviction for child abuse was overturned pleads guilty in retrial

Sunday February 3, 2013

PITTSFIELD -- Four years after being found guilty on two counts each of rape of a child and indecent assault and battery, a city man whose conviction was overturned on appeal was back in court and received a sentence of what amounted to a little more than time served.

Roy Hoyt Sr., appeared last week in Berkshire Superior Court and pleaded guilty to the same four charges as part of a plea deal between his attorney, Thomas J. Donohue Jr, and the Berkshire District Attorney’s Office.

Judge Daniel A. Ford sentenced Hoyt to a total of at least six years in state prison and no more than six years and a day in line with the deal.

Hoyt has already served 2,078 days, or roughly 5 1/2 years, which included the time he was held on bail awaiting the outcome of the original trial.

Hoyt, after a January 2009 trial, was found guilty of sexually abusing a teenage boy who considered him a mentor, according to testimony in the case. The abuse occurred between Sept. 1, 2002, and Sept. 19, 2006.

Hoyt also allegedly abused the teen when he was living in Rhode Island for a short time. Hoyt will be sent to that state after the completion of his sentence to face related charges there.

The victim is now 21.

The Supreme Judicial Court heard Hoyt’s appeal on Oct. 6, 2011, and later determined that statements the defendant made to police should not have been allowed to be used during his Berkshire Superior Court trial.

The justices concluded that during a police interrogation Hoyt did not clearly understand his right to have a lawyer present.

"The commonwealth failed to satisfy its burden of establishing beyond a reasonable doubt that the defendant’s subsequent statements constituted a knowing, voluntary, and intelligent waiver of his right to counsel, given that the defendant’s statements demonstrated his clear ignorance of that right," the justices wrote in their decision.

The original motion to suppress the statements was heard by Ford. The 2009 trial was before Judge John A. Agostini.

To reach Andrew Amelinckx:,
or (413) 496-6249. On Twitter: @BE_TheAmelinckx


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