LAWRENCE, Mass. — A Lawrence police officer accused of raping a 13-year-old boy was hoping to get out of prison, but after a court hearing Wednesday, he's staying behind bars for now.
On Tuesday, Carlos Vieira was ordered held without bail pending a dangerousness hearing for Friday, but Judge Lynn Rooney said that was a mistake as a recent SJC ruling means dangerousness does not apply to Vieria's charges so a bail hearing was scheduled for Wednesday.
The legal argument here is that Vieira is charged with aggravated rape. In his case "aggravated" applies to victims age 13. But defense says that predicate doesn't rise to dangerousness. @boston25
— Bob Ward Boston 25 (@Bward3) February 27, 2019
But DA argued he is also charged with indecent a and b on child under 14, which does apply. Says legislation needs to clarify. Judge will issue ruling soon. @boston25
— Bob Ward Boston 25 (@Bward3) February 27, 2019
Prosecutor Kim Faitella urged Judge Rooney Wednesday to keep accused Lawrence police officer Carlos Vieira locked up without bail, citing he's too dangerous to release following charges of raping a boy he allegedly met on the social media app Grindr.
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But citing the SJC ruling, Judge Rooney ruled she can't do that because no violence is alleged in the case. She agreed to postpone her decision until the district attorney files an appeal.
DA is arguing why dangerousness should still apply in Vieira case for indecent assault and battery charges. "Touching is the force" @boston25
— Bob Ward Boston 25 (@Bward3) February 27, 2019
Vieira's lawyer, however, said that's unconstitutional.
"He is an innocent man. He proclaims his innocence and he is being held now for ten days. I don't believe the court has the authority to do it. It is an illegal sentence," Vieira's lawyer said.
At Wednesday's hearing, the district attorney revealed a search of Vieira's house produced 21 guns, ammunition, prescription Oxycontin, and a secured assault weapon in the trunk of his car.
DA: search produced guns and ammo, and a AR-15, some unregistered from Vieira house and car. His life is crashing down, we are concerned. @boston25
— Bob Ward Boston 25 (@Bward3) February 27, 2019
Defense: that was his patrol rifle. It's part of his job. He was working when he was arrested @boston25
— Bob Ward Boston 25 (@Bward3) February 27, 2019
"Anybody could have broken into that car and taken that gun that would have been on the street."
Vieira - who is on administrative leave from the department - was not at Wednesday's hearing. He is currently in a jail cell in Greenfield.
The prosecutor says she will file the appeal to the SJC next Wednesday and Vieira's lawyer says he may file his own appeal Thursday.
Judge: is staying her decision, holding Vieira without bail until then @boston25
— Bob Ward Boston 25 (@Bward3) February 27, 2019
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