A Brockton choose granted a request to extend the bail for a person accused of raping a 15-year-old lady in a migrant shelter in Rockland on Monday.
“Given the court’s assessment of the strength of the Commonwealth’s case, the nature of the offense is charged, the defendant’s lack of ties to the community and his flight risk, the court finds that justice requires the increase in bail,” dominated Decide Elaine Buckley at a listening to in Brockton Superior Courtroom on Monday.
Cory Alvarez, a Haitian nationwide, has pleaded not responsible to raping a 15-year-old lady staying on the migrant shelter within the Rockland Consolation Inn in March.
Alvarez was beforehand set free on $500 bail however taken into ICE custody upon his launch. Within the final week, prosecutors had been notified ICE meant to deport the defendant again to Haiti on Oct. 31, main them to file a movement to extend bail because of imminent deportation.
“Your Honor, if the defendant is deported as scheduled on Thursday, this case would effectively be frozen forever,” mentioned Plymouth County ADA Alex Zane. “The 15-year-old victim involved in this case would never be able to face her accuser and have her day in court, as well as the defendant never having an opportunity to clear his name with the jury trial, because he’d effectively be barred from ever coming back to the United States again.”
ICE agreed to “respect the defendant being held on bail and delay the deportation until the conclusion of the case,” Zane mentioned, requesting bail be set at 1,000,000 {dollars} to carry the defendant.
The choose set bail at $150,000, ordering Alvarez don’t have any contact with the sufferer or her father and put on a GPS ought to he pay bail and be launched.
Zane additionally said ICE saved the DA’s workplace and the court docket “completely in the dark” about their plans, calling the state of affairs “an unusual set of circumstances.”
“I also agree it is an unusual case, but is a little bit disturbing from the defense perspective that we are not in on the conversations that they are having with ICE,” mentioned protection lawyer Brian Kelley, noting they’ve communicated and cooperated with the federal company.
The prosecutor famous Monday their case was strengthened when DNA testing associated to the case got here again “consistent with the defendant.” The sufferer beforehand underwent a SANE, or Sexual Assault Nurse Examiner, examination following the alleged assault.
Kelley mentioned the DNA proof was epithelial cell, which can be pores and skin cells.
“I don’t think the case is stronger, as the government has stated, because we just don’t know enough about this testing at this moment in time,” mentioned Kelley.
