Bail Raised to $150K for Man Accused of Rape to Prevent Deportation Before Trial

By: Eliot Pierce

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A Massachusetts court has increased bail to $150,000 for Cory Alvarez, a Haitian national accused of raping a minor in a Rockland migrant shelter, to ensure he remains in the country to face trial.

Originally released on a $500 bond, Alvarez was taken into Immigration and Customs Enforcement (ICE) custody and was set for deportation on October 31. The bail increase aims to prevent his deportation, allowing the victim her legal right to face the accused and pursue justice.

Court’s Decision to Prevent Deportation

At a hearing held at Brockton Superior Court, Judge Elaine Buckley cited the severity of the charges, Alvarez’s lack of community ties, and his flight risk as key reasons for the bail increase. Prosecutors expressed urgency regarding Alvarez’s imminent deportation, arguing that sending him back to Haiti would halt judicial proceedings, effectively denying justice for the 15-year-old victim.

Assistant District Attorney Alex Zane explained that deportation would mean the case would “freeze,” leaving the alleged victim without an opportunity to testify in court. For further details on the court’s response, view the Boston Herald’s report.

Evidence Presented by the Prosecution

The prosecution pointed to DNA evidence as a significant factor strengthening the case against Alvarez. A Sexual Assault Nurse Examiner (SANE) exam conducted on the victim provided samples with DNA “consistent with the defendant.”

According to the prosecution, this evidence aligns with the victim’s accusations and offers substantial support to the case. However, Alvarez’s defense attorney, Brian Kelley, argued that the DNA evidence is limited to skin cells, which may not directly establish guilt.

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Conditions of Release if Bail Is Posted

Judge Buckley set specific conditions should Alvarez manage to post the new bail amount. He will be required to wear a GPS monitor and avoid all contact with the victim and her family. Additionally, ICE has agreed to delay his deportation until the criminal case is resolved, ensuring his presence for trial.

Defense attorney Kelley voiced concerns about the lack of transparency from ICE, calling the situation “unusual,” as critical information about deportation timelines was withheld from the defense.

This case has gained attention as it intersects immigration and criminal law, raising questions about judicial processes and public safety. By raising Alvarez’s bail and delaying his deportation, the court aims to protect the legal rights of both the accused and the victim.

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