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    Sunday, April 28, 2024

    Accused migrant shelter child rapist pleads not guilty to additional rape charge

    Boston — The man accused of raping a child at an immigrant housing facility in Rockland has pleaded not guilty to an additional charge and is being held without bail.

    Cory Alvarez, 26, a Haitian national, is charged with aggravated rape of a child with a 10-year or more age difference. He also faces a new charge of rape of a child by force over the same incident. Alvarez has pleaded not guilty to both charges.

    He is accused of raping a 15-year-old girl who police describe in a report as “disabled,” but did not specify any specific disability.

    Hingham District Court Presiding Judge Heather Bradley found Alvarez dangerous and ordered him held without bail ahead of the probable cause hearing scheduled for April 22 at 9 a.m.

    During the course of the hearing, Bradley admitted nine of 10 pieces of evidence and motions prosecutor Shana Buckingham submitted in the case.

    Bradley found that the remaining piece, the detainer that U.S. Immigration and Customs Enforcement lodged against Alvarez for his deportation the day of his arrest, was not admissible for a dangerousness hearing. She also admitted the first bit of defense evidence, which is the CAD sheet, or summary of the 911 call, submitted by defense attorney Brian Kelley.

    Bradley impounded all of the evidence, including the previously released police report.

    The hearing scheduled for 11 a.m. began in earnest at 12:22 p.m. after the arrival of a French Creole interpreter.

    A handcuffed Alvarez was brought into court wearing gray sweatpants and a red hooded-sweatshirt, which police say is the article of clothing his alleged victim used to identify him to police. She would also identify him in a photo array.

    Buckingham said she intends to begin grand jury proceedings in the case soon. Should the grand jury find enough evidence, Alvarez would face indictment in Pymouth Superior Court.

    Rockland Police Det. Sgt. Gregory Pigeon took the stand to describe the allegations in the police report, as well as answered questions from the defense.

    Allegations

    Alvarez and the alleged victim both lived at the Comfort Inn at 850 Hingham St. in Rockland, which has been converted to a migrant housing facility operating under both state and federal programs, according to prosecutors.

    Rockland Police responded to the hotel a little after 7 p.m. on March 13 after a desk clerk there called to report a rape, according to the police report.

    “He raped me,” the girl would tell investigators from an examination room at South Shore Hospital, according to the police report. “I asked him to leave me alone but he didn’t stop.”

    Neither the girl nor her father were English speakers, and spoke with police through the aid of a French Creole interpreter who connected by telephone.

    Prosecutors say that Alvarez went with the girl to his room, room 216, to purportedly help her in some way with her government-provided tablet computer.

    While the two were in the room together, prosecutors allege, Alvarez asked her if she had a boyfriend before he pushed her to the bed, pulled down her pants and panties and preceded to rape her.

    A woman who identified herself as Alvarez’s girlfriend said during a recess in the hearing that the two of them lived in room 216 together along with her own young child. Alvarez is not that child’s father. She spoke with reporters during the recess through the interpretation of a friend named Bernardo, who said he lives in Brockton.

    Defense attorney Kelley said that surveillance footage from the hotel shows that the alleged victim is “fully clothed when she goes in the room, she’s fully clothed when she comes out.”

    While arguing against detention, Kelley, who took on the case Friday, said that there was no corroborative evidence against his client, and just the word of the alleged victim.

    “I think the presumption of innocence took a hit today,” Kelley told reporters following the hearing.

    He said that surveillance footage from the hotel’s hallway shows that the alleged victim entered the room with Alvarez, stayed eight minutes and left again and did not look distressed or askew. She did not express any concern to anyone in the hallway or to National Guard members stationed at the facility.

    He added that evidence from the SANE, or Sexual Assault Nurse Evaluation, had not yet been completed and so there is no physical evidence.

    Kelley said that his client said that not only did he not rape the girl, but that “nothing happened” between them whatsoever.”

    When asked by reporters why the girl would say she was raped, he said he didn’t know.

    “You’re asking me to get into the mind of a 15-year-old girl,” he said.

    Broader issues

    The case has drawn national attention to Massachusetts and federal immigration programs.

    U.S. Rep. Jim Jordan, the Ohio Republican who chairs the powerful House Judiciary Committee, announced earlier this week that he was launching an inquiry into the incident and the broader programs that drew the alleged rapist and victim together.

    Plymouth District Attorney Tim Cruz told reporters after the hearing that he has broad concerns over what he says is a lack of transparency about the immigrant programs.

    “My job is to prosecute crimes and promote public safety here in Plymouth County,” Cruz said, adding that he’d at least like to know if there are other shelters and who is going in and out of them and if they’re vetted. “We need to make sure this doesn’t happen again and to do that I need information.”

    Massachusetts Gov. Maura Healey said following the incident that Alvarez had entered the country legally through a federal program and had twice been vetted. She said the state has “security and systems in place” but “it is unfortunate that from time to time, things will happen anywhere, not just in shelter, but anywhere,” according to a previous Herald story.

    The case also made its way into the race for New Hampshire governor. Republican candidate Kelly Ayotte called on her Democratic opponent to reject an endorsement by Healey following Healey’s comments on the issue which Ayotte believed didn’t take the problem seriously enough.

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