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Boston Herald
Boston Herald
28 Oct 2024
Grace Zokovitch


NextImg:Bail increased to $150K for man accused of raping child in migrant shelter to prevent deportation

A Brockton judge granted a request to increase the bail for a man accused of raping a 15-year-old girl 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,” ruled Judge Elaine Buckley at a hearing in Brockton Superior Court on Monday.

Cory Alvarez, a Haitian national, has pleaded not guilty to raping a 15-year-old girl staying at the migrant shelter in the Rockland Comfort Inn in March.

Alvarez was previously let out on $500 bail but taken into ICE custody upon his release. In the last week, prosecutors were notified ICE intended to deport the defendant back to Haiti on Oct. 31, leading them to file a motion to increase bail due to imminent deportation.

“Your Honor, if the defendant is deported as scheduled on Thursday, this case would effectively be frozen forever,” said 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 said, requesting bail be set at a million dollars to hold the defendant.

The judge set bail at $150,000, ordering Alvarez have no contact with the victim or her father and wear a GPS should he pay bail and be released.

Zane also stated ICE kept the DA’s office and the court “completely in the dark” about their plans, calling the situation “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,” said defense attorney Brian Kelley, noting they have communicated and cooperated with the federal agency.

The prosecutor noted Monday their case was strengthened when DNA testing related to the case came back “consistent with the defendant.” The victim previously underwent a SANE, or Sexual Assault Nurse Examiner, exam following the alleged assault.

Kelley said the DNA evidence was epithelial cell, which may be 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,” said Kelley.