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Second rape trial ends in conviction for Schenectady man

Thursday, November 14, 2013
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— A Schenectady man was convicted Thursday of raping a physically helpless woman in 2011 and now faces up to 25 years in prison.

It was the second trial in the case; the first ended with a hung jury over the summer.

Gregory Tucker, 50, formerly of Jay Street, was found guilty of first-degree rape Thursday after a Schenectady County Court jury deliberated just two hours, prosecutor Jessica Lorusso said.

Tucker was convicted of raping the victim Nov. 13, 2011, at his apartment. He encountered her on Jay Street, then invited her up to his apartment to smoke marijuana. Once there, he then provided the woman with two pills, saying they would help her relax.

The woman, who has a condition that impairs her judgment, took them. The result was she fell asleep and awoke to find herself naked from the waist down, sore and unsure of what happened, Lorusso said.

The woman notified a case worker the next day and was taken to a hospital for a rape test to be performed. Police were also notified.

The woman was able to take police back to the area of the apartment. Tucker was locked in as the suspect when DNA captured by the rape test kit came back as a match to his DNA, which was in the state database due to a previous conviction.

When the previous jury deadlocked, Lorusso had to try the case again and the victim had to testify again.

“She did it,” Lorusso said of the testimony. “She was brave.”

The woman cried in happiness when notified of the verdict, Lorusso said.

Tucker was represented by attorney Mark Gaylord, who could not be reached for comment. Presiding over the case was Judge Richard Giardino. Tucker is to be sentenced Feb. 13.

 
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