Haitian charged with raping a child in Massachusetts will keep high bail, state's Supreme Judicial Court rules

BOSTON — The Haitian national charged with raping a 15-year-old “disabled” girl at a Rockland hotel converted into migrant housing will remain held on $150,000 bail after Massachusetts’ highest court rejected his request to lower it.

Cory Alvarez, who is subject to deportation by U.S. Immigration and Custom Enforcement, is charged with aggravated rape of a child with a 10-year or more age difference as well as rape of a child by force. He has pleaded not guilty.

“I am pleased that the single justice denied this defendant’s petition seeking relief to lower his bail. We will continue on with prosecution of this case, most importantly to seek justice on behalf of the child victim, but also to ensure that both the victim, and Alvarez have their day in court,” Plymouth DA Timothy Cruz wrote in a statement.

Alvarez’s bail was upped from $500 to $150,000 last month by Brockton Superior Court Judge Elaine Buckley. She said that she found the strength of the case combined with “the defendant’s lack of ties to the community and his flight risk” warranted the significantly higher bail.

ICE agreed to “respect the defendant being held on bail and delay the deportation until the conclusion of the case,” the prosecutor in that hearing said, requesting bail be set at $1 million.

Alvarez’s attorney Brian Kelley appealed the higher bail to the state Supreme Judicial Court’s single justice session, but did not meet with success.

Justice Serge Georges Jr. ruled on Tuesday “that the judge did not abuse her discretion in determining that this high amount is necessary to assure the defendant’s appearance at trial.”

“A Superior Court judge may set ‘a higher than affordable bail … if neither alternative nonfinancial conditions nor a bail amount which the person could likely afford would adequately assure the person’s appearance before the court,’” Georges writes in his order.

The higher bail was set due to the prosecution’s fears that ICE would deport Alvarez, who is subject to an imminent deportation order, before the accused rapist could be convicted for his crimes.

“It appears that if he is released on bail, he will be promptly removed from this country by Federal authorities. In these circumstances, the judge properly found it necessary to detain him until trial by setting bail in a higher than affordable amount,” Georges’ order continues. “For the foregoing reasons, the petition is DENIED.”

Alvarez originally had a $500 bail set but was taken in by U.S. Immigration and Customs Enforcement upon his release. Prosecutors last month 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.

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 underwear and preceded to rape her.

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