Friday, August 6, 2010

Massachusetts Criminal Defense Lawyer James Powderly's Client Ordered Held Without Bail on Kidnapping and Rape Charges

HOWEVER DOUBTS ARE RAISED REGARDING THE ACCURACY OF THE ARREST GIVEN THE VICTIM'S FAILURE TO IDENTIFY THE DEFENDANT IN A PHOTO LINEUP

By Will Richmond
Posted Aug 03, 2010 @ 10:34 PM
Last update Aug 04, 2010 @ 02:48 PM

The man accused of abducting a woman from her porch and raping her will remain behind bars after a judge ruled he is a danger to the community.

District Court Judge Toby Mooney agreed to hold Angel Luis Cruz, 37, of 186 Tremont St., Apt. 1, for 90 days without bail for his alleged actions on July 25. He is accused of kidnapping a 58-year-old woman from outside her Flint home and sexually assaulting her inside his apartment. Cruz is being charged with kidnapping, aggravated rape, assault with a dangerous weapon and intimidating a witness. Defense attorney James Powderly had sought that bail be set at $10,000.

He said that witnesses described the suspect as a white man who is taller than Cruz. He said that the victim also failed to pick Cruz’s photo from a photo array.

Cruz is scheduled to return to court on Sept. 9 for a pretrial conference.

Mooney also held Cruz without bail on a charge of assault and battery on a person over 60 following allegations that he attempted to abduct a woman near Kennedy Park in March. Powderly reserved the right to argue bail on that charge at a later date.

Witnesses during the dangerousness hearing described a horrific scene. They said Cruz held the victim by the throat and struck her in the head as he attempted to stuff her into his car.

“You could hear her just yelling, trying to get help from someone,” one witness said.

Anthony Ferry said he was outside his Tremont Street apartment when Cruz returned to his apartment in the same building. Ferry said he saw Cruz entering the building with a woman that he said was “upset and crying.”

The most graphic testimony came from investigating Officer Alan Beausoleil, who said Cruz first attempted to force himself on the victim inside the bathroom of his apartment, and when she resisted he tossed her onto a bed and continued to assault her in a variety of ways, threatening her the whole time.

“He covered her face, telling her ‘Don’t look at me. I know where you live. I know where your house is,’” Beausoleil said, based on the interview he conducted with the victim.

He said Cruz then forced the victim to shower and took over the duty after becoming displeased with her efforts.

Beausoleil said Cruz also forced the victim into a nude pose and photographed her with his cell phone. That photo was allegedly found after police received a warrant to search the phone’s contents.

In arguing for holding Cruz, Assistant District Attorney Maryclare Flynn informed the court that Cruz had been arrested in 2009 in Cleveland, Ohio, for allegedly photographing a woman inside a grocery store with his cell phone.

E-mail Will Richmond at wrichmond@heraldnews.com.

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