Robert Hammack, a defense investigator, immediately suspected that the three (3) men standing outside were the Gomez brothers. Hammack identified Jose Orlando Gomez as a likelier suspect. The police never investigated Gomez even though his mother had lived in the same apartment complex. Manager Cochran testified that the Gomez family had officially moved out in December 1982, seven months prior to the date in question. But maintenance man Dennis Benoit asserted that he saw Gomez in June 1983. That testimony links Gomez to the building after his family moved out of the complex. Plante said the man also told her that he was from Fitchburg, the town where the Gomez family had moved earlier. To a Worcester Magazine reporter, juror William P. Nowick said, "He's heard from one law enforcement official who state outright that LaGuer wasn't the man...In fact, this official went on to say that they will capture this person once they find his mother..."
Fitchburg District Court, Application for Criminal Complaint, Officer Farrell, charging Jose Orlando Gomez with rape and assault & Battery (Domestic) on 25 May 1998. Worcester Superior Court 98-0558 Jose Orlando Gomez pleas guilty to Assault & Battery, in exchange of rape charges dismissed at the request of prosecutor. Superior Court Judge Peter A Velis sentenced Gomez to one year County jail, with 59 days to serve, plus 2 years probation. He ordered Gomez to attend Batterers program or Anger Management.