The man accused of sexually assaulting a teenage girl at a Massachusetts hotel that serves as a migrant shelter, where both have been staying, will be held without bail, a judge ruled Friday.
Prosecutors had requested that Cory Alvarez be held without bail — and as part of her argument, Assistant District Attorney Shanan Buckingham said that home confinement in this case wouldn't serve to protect the 15-year-old alleged victim or other people living at the Comfort Inn on Rockland's Hingham Street. She also noted that her office wasn't able to figure out if there were alternative places where Alvarez could be housed, citing a lack of transparency over the housing program.
"This is a difficult situation where we're aware that the defendant is a non-citizen, he's living at this particular shelter under a federal program. Unfortunately, the Commonwealth wasn't able to provide the court with a lot of background on the program or the defendants … that's because there's no transparency at this point in the program.
"The district attorney's office attempted to make inquiry of state agencies to try to identify answers to particular questions about this particular program and we were not able to get those questions met," Buckingham continued.
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Alvarez was also arraigned Friday on two new charges: aggravated rape of a child with a 10-year age difference and rape of a child by force — he'd previously been charged with aggravated rape of a child. A not guilty plea was entered on Alvarez' behalf for the new set of charges.
Resources for victims of sexual assault are available through the National Sexual Violence Resources Center and the National Sexual Assault Telephone Hotline at 800-656-4673, and Massachusetts provides this list of statewide and resources for sexual assault survivors.
His lawyer asked the judge not to hold him without bail, saying that the only evidence a sexual assault took place was the alleged victim's statement.
"It's still only a person's words, and what the government is asking the court to do is remove Mr. Alvarez from society and hold him for six months. I think that's too much to ask," said the attorney, Brian Kelley.
He also said surveillance video that prosecutors entered as evidence showing the door to the hotel room where the rape allegedly happened casts doubt on the prosecution's story.
"When she comes out of the room and seems completely fine. She walks by two guards who are dressed in military garb, which, even if you don't speak the language, you can only assume those people are there to help," Kelley said.
Prosecutors said the incident, which is still under investigation, involved Alvarez pulling the girl's pants down, pushing her onto a bed and penetrating her.
Alvarez was in court for the hearing, which was delayed by several hours while the court found an interpreter for Alvarez and the defense could review the surveillance video with the man.
When Judge Heather Bradley ordered that Alvarez be held without bail for 120 days, she said she'd seen "clear and convincing evidence that the defendant poses a danger to the alleged victim, a minor child, and to the community at large. And I further find that there are no conditions of release at this time that would ensure the safety of the community and the alleged victim."
He's due back in court April 22.
Rockland police were called to the hotel about 7:06 p.m. on the night of March 13, and officers found the alleged victim, who was taken to South Shore Hospital to be treated, prosecutors have said. Alvarez was later taken into custody.
The teenager told investigators that she went back to Alvarez' room because he was helping her put apps on her tablet, according to court paperwork. That's when she was assaulted, she said.
She told the man "to leave me alone, but he didn't stop," court paperwork said.
Massachusetts has been working to house an influx of migrants that's strained the state's shelter system. Last week, the state's House approved a bill that, if also approved by the Senate and Gov. Maura Healey, would send $245 million more to the system while capping family stays to nine consecutive months.
The system is currently at capacity with 7,500 families, which is the Healey implemented last year with roughly 800 more on a waiting list.
