Goupil will serve at least 35 years in prison

Stephen Goupil will serve a minimum of 35-years in prison for his part in horrific home invasion and rape incident in April of last year. The 22-year-old Belmont man could be in prison for as long as 76-years.

Belknap Superior Court Justice Larry M. Smukler yesterday sentenced Goupil for five aggravated felonious sexual assault convictions, one felony theft conviction and two burglary convictions.

The burglary convictions were unrelated to the April 23, 2004 assault on a 24-year-old former Laconia women in her Pleasant Street apartment. Goupil was actually free on bail at the time he — in the company of another man authorities believe was his 21-year-old cousin, Douglas Jenot of Gilmanton — broke down the door to the woman's apartment in the middle of the night, beat her, repeatedly raped her and then stole her car.

Jenot, already in prison on another conviction, has yet to be tried for his alleged role in the rampage.

Before passing sentence, Smukler said the horror of Goupil's crime was such that he did not want to describe it for fear he would in some way detract from its severity. Told she would be "cut or killed" if she did not allow the violation of her body, Smukler said of the victim: "All her actions were driven by a primal need to survive. . .she didn't know if she was going to live or die."

During the March 2005 trial, the state presented DNA evidence that Goupil's sperm was found in the victim shortly after her nearly two-hour-long ordeal. She was not able to identify either attacker because she was blindfolded during a portion of the invasion and ordered to keep her eyes closed during the remainder. She was threatened in the dark with a knife that was placed against her neck.

Deputy County Attorney Wayne Coull, who prosecuted the case, told Smukler the victim could not be present in court yesterday because "she just can't keep coming".

"She was utterly and completely traumatized," he said, "and she is not well."

Coull called Goupil "nothing but a barbarian" and said he should be sentenced to the maximum allowed by law because he is "devoid of any mitigating quality". He said he crimes could not have been worse "unless he had killed her."

Goupil's attorney, Mark Sisti, asked Smukler to consider Goupil's age and give him "some semblance of hope" for the future. "People do change," he said.

Sisti said Goupil did not want to address the court before sentencing.

Although largely agreeing to the state's sentencing recommendation, Smukler told Sisti that he had taken Goupil's age into account in the out years of his sentence but noted the young man had shown no remorse for his crimes.

Goupil showed no outward emotion during his trial but was a little red-eyed at times yesterday. The only time he spoke was to answer "yes" when Smukler asked him if he understood the sentence that had been imposed against him. He has been incarcerated at the Belknap County Jail for a year and, after sentencing, was immediately taken from the courtroom in handcuffs.

After court had been adjourned, Coull said Goupil had — through Sisti — blamed the police, him (Coull) and a juror for his plight, but no one but "Stephen Goupil is responsible for what he did".

The prosecutor was referring to a pre-trial attempt to have evidence suppressed because it was argued police had violated Goupil's rights in obtaining it. During the trial, Sisti argued that the prosecution was not entitled to convictions because the state had improperly worded the indictments brought against Goupil. And, after the trial, Sisti moved to have the verdicts set aside because of an alleged impropriety on the part of a juror. (See related story.) All of the moves were unsuccessful.

Jenot was scheduled to go on trial for the home invasion charges pending against him in June. Coull said yesterday, however, that event is unlikely to take place next month because Jenot's attorney, Ted Barnes, has filed papers asking for an evaluation as to whether or not Jenot is competent to stand trial.

Jenot has already dismissed his first attorney, Jim Carroll, and Barnes has indicated he may be dismissed as well.

Sisti has indicated he will appeal Goupil's convictions to the NH Supreme Court.

Coull said Goupil will be eligible to ask for a court review of the length of his sentences in 23-years.