Court ignores ICE detainer, frees migrant rape suspect on bail
BROCKTON − A legal Haitian migrant accused of raping a 15-year-old girl in a Rockland hotel was released from jail this week despite a standing request to detain him by immigration enforcement officials
Cory Alvarez, 26, is restricted to home confinement with a GPS monitor following the end of a dangerousness hearing on Tuesday, June 25, at Brockton Superior Court.
He will be allowed to leave the home for church services, legal and medical appointments and job interviews. Judge Mary Sullivan, who said the $500 bail is a significant amount from someone with no income, advised him to continue his Bible studies and English language courses remotely if possible.
He is to have no contact with the victim, who has since relocated to an undisclosed address.
He will be staying at his girlfriend's mother's house in Brockton. His public defender, Brian Kelley, declined to discuss his status the day after the hearing.
More: Haitian migrant accused of rape in Rockland hotel continues to be held without bail
Alvarez, 26, had been in jail since his arrest March 13. He was indicted by a Superior Court grand jury May 21 and arraigned May 31. He has pleaded not guilty to one count each of aggravated rape of a child with a 10-year age difference and rape of a child by force. Authorities say the alleged crimes occurred at the Comfort Inn on Hingham Street that is being used as migrant housing in Rockland.
Enforcement and Removal Operations, a division of Immigration and Customs Enforcement, issued a detainer request for Alvarez on March 27.
In a statement on Firday, Enforcement and Removal Operations described the detainer as a request to state or local law enforcement agencies to notify Immigration and Customs Enforcement as early as possible before a removable noncitizen is released from their custody.
"Detainers request that state or local law enforcement agencies maintain custody of the noncitizen for a period not to exceed 48 hours beyond the time the individual would otherwise be released, allowing ERO to assume custody for removal purposes in accordance with federal law," the statement said.
The court is legally free to ignore the request.
By releasing Alvarez, Plymouth Superior Court "refused to honor ERO Boston’s Immigration Detainer," the statement said.
Alvarez is required to report to a probation officer twice a month. His next court appearance is scheduled for 9:30 a.m. Aug. 13 at Brockton Superior Court.
Judge explains reasoning for denying dangerousness request
Judge Sullivan said during Tuesday's hearing that Alvarez's lack of a criminal record and the low likelihood he would be able to flee helped lead to her decision to deny the state's request to continue holding him.
She said the state had not met the "clear and convincing" legal threshold required to deny his bail request.
The 15-year-old, who had only been at the Rockland shelter for a few days with her father and his wife, wanted to install WhatsApp on her tablet but could not do so, her father said. His wife said she had spoken with a fellow guest who offered to have a look at it. That man, the father clarified in his testimony, was not Alvarez.
it isn't clear how Alvarez became involved in offering to help her with the tablet, but the girl said he raped her when she went to his room for help with the tablet.
Sullivan agreed with Kelley that there are discrepancies in testimony from witnesses in the case and surveillance video. That includes video showing the 15-year-old entering Alvarez's room without visible coercion and leaving 8 minutes later with her clothing, hair and demeanor appearing to be the same as when she went into his room.
A rape kit processed at South Shore Hospital the night of police call showed male DNA. Prosecutors plan to seek a DNA sample from Alvarez to be compared with the sample collected from the accuser.
This article originally appeared on The Patriot Ledger: Rockland rape case: Accused migrant free on bail
