Former RI man convicted in FR of rape and indecent assault on his one-year-old daughter and recording it

A 25-year-old former Woonsocket, RI man who raped and indecently assaulted his one-year-old daughter and recorded portions of it while in Taunton was sentenced to state prison, Bristol County District Attorney Thomas M. Quinn III announced.

Cody Mercure pled guilty in Fall River Superior Court this week to indictments charging him with Rape of a Child-Aggravated by Age, Indecent Assault and Battery on a Person under 14 and Possession of Child Pornography.

The incidents occurred on February 19, 2021, on a day when Mercure had custody of the child. He brought the child to a friend’s house in Taunton and while in a bathroom, committed the acts connected to these indictments.

The investigation began after a priority one cyber tip was received by Rhode Island State Police. The Bristol County District Attorney’s Special Victims Unit then took the lead on the case and eventually made the arrest. Mercure was also indicted on federal charges for the creation of child sexual exploitation and dissemination of child pornography. He was sentenced in that case in April to serve 15 to 25 years in prison, followed by 15 years of supervised release.

During a sentencing hearing before Judge Raffi Yessayan, Assistant District Attorney Casey Smith argued that based on the heinous nature of the crime and the recording of it, Mercure should be sentenced to serve 20 to 25 years in state prison, to be followed by 20 years of supervised probation. The defense argued for a 10-year prison term, followed by 10 years of probation. Judge Yessayan, however, agreed with the Commonwealth’s recommendation, sentencing Mercure to serve 20 to 25 years in prison and an additional 20 years of supervised probation. The state and federal prison terms will run concurrent to one another.

“The conduct of the defendant is despicable and difficult to comprehend. He clearly has a demented mind and these sentences will keep him off of the street for a lengthy period of time, which is clearly necessary to protect children,” District Attorney Quinn said.