The Haitian nationwide charged with raping a 15-year-old “disabled” lady at a Rockland lodge transformed into migrant housing will stay held on $150,000 bail after Massachusetts’ highest courtroom rejected his request to decrease it.
Cory Alvarez, who’s topic to deportation by U.S. Immigration and Customized Enforcement, is charged with aggravated rape of a kid with a 10-year or extra age distinction in addition to rape of a kid by pressure. He has pleaded not responsible.
“I am pleased that the single justice denied this defendant’s petition seeking relief to lower his bail. We will continue on with prosecution of this case, most importantly to seek justice on behalf of the child victim, but also to ensure that both the victim, and Alvarez have their day in court,” Plymouth DA Timothy Cruz wrote in an announcement.
Alvarez’s bail was upped from $500 to $150,000 final month by Brockton Superior Courtroom Choose Elaine Buckley. She stated that she discovered the power of the case mixed with “the defendant’s lack of ties to the community and his flight risk” warranted the considerably increased bail.
ICE agreed to “respect the defendant being held on bail and delay the deportation until the conclusion of the case,” the prosecutor in that listening to stated, requesting bail be set at $1 million.
Alvarez’s lawyer Brian Kelley appealed the upper bail to the state Supreme Judicial Courtroom’s single justice session, however didn’t meet with success.
Justice Serge Georges Jr. dominated on Tuesday “that the judge did not abuse her discretion in determining that this high amount is necessary to assure the defendant’s appearance at trial.”
“A Superior Court judge may set ‘a higher than affordable bail … if neither alternative nonfinancial conditions nor a bail amount which the person could likely afford would adequately assure the person’s appearance before the court,’” Georges writes in his order.
The upper bail was set as a result of prosecution’s fears that ICE would deport Alvarez, who’s topic to an imminent deportation order, earlier than the accused rapist could possibly be convicted for his crimes.
“It appears that if he is released on bail, he will be promptly removed from this country by Federal authorities. In these circumstances, the judge properly found it necessary to detain him until trial by setting bail in a higher than affordable amount,” Georges’ order continues. “For the foregoing reasons, the petition is DENIED.”
Alvarez initially had a $500 bail set however was taken in by U.S. Immigration and Customs Enforcement upon his launch. Prosecutors final month had been notified ICE meant to deport the defendant again to Haiti on Oct. 31, main them to file a movement to extend bail as a consequence of imminent deportation.
Allegations
Alvarez and the alleged sufferer each lived on the Consolation Inn at 850 Hingham St. in Rockland, which has been transformed to a migrant housing facility working underneath each state and federal applications, based on prosecutors.
Rockland Police responded to the lodge just a little after 7 p.m. on March 13 after a desk clerk there referred to as to report a rape, based on the police report.
“He raped me,” the lady would inform investigators from an examination room at South Shore Hospital, based on the police report. “I asked him to leave me alone but he didn’t stop.”
Neither the lady nor her father had been English audio system, and spoke with police by means of assistance from a French Creole interpreter who related by phone.
Prosecutors say that Alvarez went with the lady to his room, room 216, to purportedly assist her not directly together with her government-provided pill pc.
Whereas the 2 had been within the room collectively, prosecutors allege, Alvarez requested her if she had a boyfriend earlier than he pushed her to the mattress, pulled down her pants and underwear and preceded to rape her.
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