Judge denies peition to lower bail of man accused of raping teen girl Rockland migrant shelter

BOSTON — A Supreme Judicial Court judge denied a motion to lower bail for the man accused of raping a 15-year-old girl at a Rockland hotel being used as an emergency shelter this past March.

In his ruling, Associate Justice Serge Georges Jr. wrote that he denied the petition to have Cody Alvarez’s bail lowered from $150,000 down to $500 to make sure that the defendant was not removed from the country by federal authorities and would stand trial, according to a statement by the Norfolk County District Attorney’s office.

“After hearing, I find that the judge did not abuse her discretion in determining that this high amount is necessary to assure the defendant’s appearance at trial,” the judge wrote. “The defendant is subject to an imminent deportation order, which he [has] not challenged in any way, and 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.”

Alvarez had filed a petition seeking release from a $150,000 bail imposed by a judge to prevent his immediate deportation, according to the DA’s office. Massachusetts requested an increase in Alvarez’s initial bail of $500 after learning U.S. Immigration and Customs Enforcement (ICE) authorities planned to deport Alvarez to Haiti prior to the resolution of his pending criminal case.

Alvarez posted an initial $500 bail but he was subsequently arrested by ICE on August 13 and held on a detainer.

Alvarez was indicted back in May by a Plymouth County grand jury for one count each of aggravated rape of a child with a ten-year age difference and rape of a child by force.

The girl, who only speaks Haitian Creole, told investigators through a translator she went to Alvarez’s room so he could help her with apps on a tablet before he forced himself on her, according to authorities.

“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 Tim Cruz said in a statement.

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