Convicted rapist gets 40-year term
Addresses victim and proclaims innocence; attorney vows appeal

Reginald Roach

JENNIFER AMATO

Staff Writer

Despite receiving a 40-year sentence for the home invasion and sexual assault of a 64-year-old woman in 2005, Reginald Roach maintained his innocence during his sentencing in state Superior Court in New Brunswick on July 18.

Roach, now 38, of North Brunswick, sat calmly during his chance to speak, saying he has a mother and respects women, and that now his four children will think he's a rapist. While acknowledging that he has had prior convictions that led to several years in jail and probationary time, Roach said he would never commit such a serious crime.

"If I have to get the maximum sentence to vindicate myself," he began to say, then turning toward the victim to address her directly. "I don't know you ... you, you're not my type. White women is not my type. I would never do that, I got a mother. In due time, it'll come out."

He continued, "My sympathies go out to you, but I'm telling you to your face, I did not do this. ... Whoever done this to you, he deserves to be locked up ... I respect women. I may have done some things in my life that are unruly ... but I would have never sexually assaulted or raped you, or whatever you call it, I don't do that."

In February, Roach was found guilty of climbing onto the roof of the victim's townhouse in North Brunswick's Society Hill development during the middle of the night of Nov. 6, 2005, going through an open window, holding a weapon to her neck and exposing her to a sexual assault. He was charged with two counts of aggravated sexual assault, one count of sexual assault, second-degree burglary and possession of a weapon for an unlawful purpose. He was not convicted on counts of criminal restraint, robbery and unlawful possession of a weapon.

The victim remained calm throughout Roach's speech, only visibly upset for a moment. During her own statement at the sentencing, she claimed that Roach said, "I've been watching you," during the assault, despite her constant pleading, "Why are you doing this to me? I'm a grandmother."

Now 66, she told the judge that she had lived her life as an independent woman, raising her two sons after her husband passed away when she was 46 years old, living on her own. Since the attack, she said she was forced to sell her home, move in with family and friends and borrow money from her son. She said her parents are still alive, at age 87 and 90, but that she will not tell them of her assault.

"I don't sleep. I exist on three hours of sleep and I haven't slept in a year and eight months. I will not take a sleeping pill because I'm terrified someone will do what he did to me," she said.

She said she has now become a "needy, whiny, dependent" older woman, something she never expected to happen.

"Why he subjected me to this violence is beyond my understanding. I don't deserve it, nobody deserves it," she said, adding that he could possibly harm another older woman or a child if set free. "He doesn't care, he has no humanity left."

A history of criminal activity

Assistant Prosecutor Christie Bevacqua said that the criminal justice system has failed the victim due to Roach's record, and she wanted to assure that any potential future victim would be protected. Therefore, Bevacqua requested an extended life term because of the 16 prior arrests and the 13 offenses to which Roach had been convicted, including larceny, trespassing, burglary and parole violations. He was previously incarcerated in Middlesex County from January 2001 to April 2004 on a count of robbery from August 1998, according to New Jersey Department of Corrections records.

"Basically, this man has continually been convicted of crimes, violent crimes, since he's been an adult ... and this man is not entitled to any more leniency of any court in this state, county or in any jurisdiction and I think, judge, that he's proved he cannot be rehabilitated and will continue to commit crimes if he is not incarcerated."

"He invaded her home and he invaded her," Bevacqua said. "This man is a career criminal, judge, there is no other way to explain it. A minor sentence would serve no purpose to this man because left to his own devices, he would continue to commit crime."

Roach spoke on his own behalf, saying that the state did not enter the evidence it was supposed to and that it is scientifically impossible for him to have committed the offense because he said a woman can feel when a man ejaculates inside her, and yet the victim did not attest to that during the trial. He said that the woman could not identify him and that there was no evidence of fluid in her vaginal area. He also said that if wanted to have a sexual relation with a woman, he could "get a $10 hooker if I needed that."

However, Judge Dennis Nieves applied the four-decade term based on the jury's ruling, Roach's prior record, the fact that he knew or should have known the age of the victim and the necessity to protect the public from any potential future actions of Roach, especially since a doctor described him as being mentally unstable.

"When I read the words 'anti-social orientation bordering on sociopathy' I think about the community and the protection of the community," Nieves said.

Defense challenges

presentation of evidence

The decision came after a denied request for a new trial by Roach's lawyer, Jef Henninger, who said that the jury was not familiar with the appropriate evaluation of DNA evidence and the fact that a woman from the state police testified on behalf of another expert who personally conducted the DNA testing, saying that the testimony was not first-hand. Yet Nieves contended that there was no manifestation of a denial of justice and that a statute allows an expert to rely on the work of another expert if they form their own conclusions.

"The standard used by the state police is accepted by the scientific community and the type of testing is reliable," Nieves said. "STR [testing] is used to show somebody's innocence, so doesn't it work both ways?"

Henninger also requested a 10-20 year sentence, saying that his client is an indigent African-American who has had limited access to healthcare throughout his life, combined with mental stress, and that he would receive even less medical attention while in prison. He also said that given Roach's age, a 40-year term would essentially be a life sentence anyway.

As it stands, Roach has already served 574 days of his 40-year sentence. He will be eligible for parole after serving 85 percent of the term but will have paroled supervision for life, along with various fines. He will also be required to register as a sex offender under Megan's Law.

Henninger said that "There will be an appeal. I am confident he'll have a new trial." A motion must be filed within 45 days.