BU Hockey Player Pleads Not Guilty to Rape
Max Nicastro posts $10,000 bail
BU hockey defenseman Max Nicastro pleaded not guilty to two counts of rape at his arraignment yesterday in Brighton District Court. Nicastro was ordered to post a $10,000 cash bail. Defense attorney Hugh Curran told the court, “We believe that, when all the facts are out, it will be found it was not a criminal act.” Curran said Nicastro would make bail.
Gloriann Moroney, Suffolk County assistant district attorney, said Nicastro has been relocated to an undisclosed address, away from the female student who says he assaulted her early Sunday. Nicastro has been suspended from the hockey team while the case is investigated and no longer lives on campus. Judge Franco Gobourne ordered him to avoid any contact with the alleged victim and impounded the police report in the case to protect her privacy.
The 6-foot-3 Nicastro (CGS’11, MET’13), handcuffed and in a gray suit jacket and a shirt without a tie, held a legal pad in front of his face as he stood in the docket to block news photographers during the 15-minute proceedings. The arraignment of the second BU men’s hockey player to be charged with sexual assault in recent months drew almost a dozen Boston reporters and cameramen to the courthouse.
Curran said Nicastro “has every intention to return to BU” and study this summer in order to graduate on time.
Moroney said that after receiving a call that a female student had been raped, BUPD officers met the tearful alleged victim Sunday morning. She said that Nicastro had raped her. After conducting several interviews, police went to Nicastro’s 10 Buick Street residence and arrested him. The alleged victim was taken to the hospital, where she was treated and released, Moroney said.
She said that while Nicastro has no criminal record, she requested cash bail given “the seriousness of the charges” and his out-of-state ties. Nicastro, whose mother came to Boston for the arraignment, is from Thousand Oaks, Calif.
Dean of Students Kenneth Elmore (SED’87) says Nicastro is no longer enrolled as a student. “Simultaneous to the court proceedings,” says Elmore, “we are conducting an investigation of this matter.” Elmore says his investigation, which will include talking with Nicastro and the alleged victim, may determine whether Nicastro is enrolled this summer.
Asked if he was concerned that there might be a culture among hockey players or athletes generally contributing to misconduct, Elmore says he wouldn’t use such “a broad brush” until the Nicastro case is resolved: “Before we make that kind of conclusion, we’ve got one situation right now that we’ve got to continue to investigate.”
Gobourne set a probable cause hearing for March 26, which happens to be four days after the next court date for former BU hockey player Corey Trivino, who was arrested in December on charges he kissed and groped a BU student against her will in her dorm room. Trivino has pleaded not guilty to charges of indecent assault and battery and breaking and entering.12 Comments