Former Salem man convicted in sex assault case

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David Flavell

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April 30, 2010

By Jarret Bencks jbencks@eagletribune.com The Eagle Tribune Fri Apr 30, 2010, 01:10 AM EDT

A former Salem resident with a long history of sex crimes was convicted yesterday of attempting to rape a woman in a bathroom at Massachusetts General Hospital in Boston.

After more than a day of deliberation, a Suffolk County jury found David Flavell, 40, guilty of four charges, including assault with intent to rape. He could be sentenced to life in prison, in part because of his conviction record.

On Oct. 22, 2009, Flavell attacked a female hospital employee, prosecutors said. Flavell tackled the victim, struck her head against the floor and wall, and tried to rape her, prosecutors said.

Flavell lived in Salem in the mid-1990s and was arrested there on multiple occasions for lewd sexual acts, police Capt. Shawn Patten said.

"He's a very dangerous individual," Patten said. "He deserves the maximum penalty."

Court records show that a David Flavell was convicted of assault with intent to rape in Essex County in 1998. A hearing will be held this morning to determine if it is the same person. If that is proven, Flavell could face life in prison. A first conviction of assault with intent to rape carries a maximum sentence of 20 years. But Flavell would be eligible for an enhanced sentence due to his criminal record.

Flavell was arrested six times in Methuen and Salem for allegedly sexually gratifying himself on clothes on racks in local department stores, police said. At the time, Flavell lived in the Lancelot Court apartment building in Salem.

In 2003, he reappeared in Salem and was arrested after he called a help line from outside a Salem department store and said he "might do something," according to police reports. He was charged with making a false report, but never appeared in court.

In a trial in 2006, Massachusetts Superior Court Judge Richard T. Moses found Flavell was not a sexually dangerous person. In February 2008, Flavell was arrested for peering into a women's bathroom stall in a Braintree bookstore.

Salem police thought Flavell was behind bars when news broke of his alleged attack in October in Boston, Patten said.

"We believed he was in jail," Patten said. "We were surprised he was out and not being monitored. He's been a dangerous individual for a long time."

Flavell was found guilty of assault with intent to rape, assault and battery, and two counts of assault and battery with a dangerous weapon. He was prosecuted by Assistant District Attorneys Tara Burdman and Mindy Klenoff.

Flavell is expected to appear in Suffolk Superior Court at 11 a.m. today.