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The wheels of justice continue to turn slowly for Duncan Purdy—owner of About Hair, a salon and antique store near Harvard Square—as he prepares to stand trial for allegations of rape.
Purdy’s trial was scheduled to commence yesterday in Middlesex County Superior Court, but was instead delayed until May 17, said his lawyer J. Daniel Silverman. Currently, the Cambridge business owner remains accused of indecent assault and battery of a person over 14 years old, and allegedly raping a female customer, then 19, in 2004.
“There is a lot of court congestion,” Silverman said. “Often they schedule more than one prisoner for the same time slot. A lot of it depends on whether the judge is ready, whether I’m ready.”
Purdy was also sentenced to between two years and two years and one day in prison and $5,000 in fines early this month for running a prostitution ring out of his store and sharing in the prostitutes’ earnings, according to Middlesex County court records. The records also state that Purdy will not be allowed to leave custody until all fines are paid.
Though the sentence for the prostitution charges was pronounced on April 5, it was stayed until April 9, at which point a post-trial hearing took place. Purdy was then transferred from the custody of the Sheriff of the County of Middlesex to the Massachusetts Correctional Institution in Cedar Junction, MA, according to Superior Court records. MCI-Cedar Junction is one of two maximum security prisons for male offenders in Massachusetts.
Although each of the counts Purdy has been charged with carry a penalty of two years in prison, he will serve both terms simultaneously.
According to Silverman, the 46 days Purdy has already spent in prison awaiting trial will be credited towards his sentence.
Purdy and Silverman motioned for an appeal on March 29, arguing, in a written statement to the court, that there had been a “long delay in sentencing,” and Purdy had thereby been denied his right to a speedy trial.
“There will probably be an appeal of the verdict, but not of the sentence,” Silverman said.
Purdy was convicted of running a house of prostitution and deriving earnings from a prostitute on February 23. His sentencing hearing was initially scheduled for March 13, but the proceedings were postponed until April 5 because the prosecutor was out of her office on account of her marriage and honeymoon.
In a written statement to the court, Silverman petitioned for the assignment of a different attorney to represent Purdy during his appeal because Committee for Public Counsel Services regulations do not allow trial counsel to continue on as appellate counsel.
However, Silverman will continue to act as Purdy’s legal counsel for the rape trial.
—Staff writer Yelena S. Mironova can be reached at mironova@fas.harvard.
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