Child Rape Conviction Overturned For Worcester Man

WORCESTER, MA—A Worcester man's child rape conviction was overturned by the Supreme Judicial Court after the court found that a prosecutor misstated important evidence during the closing argument.

Angel Luis Alvarez, then 42, Uxbridge Street, Worcester, was found guilty by jury on Nov. 17, 2016, on three counts of child rape aggravated by age difference and one count of indecent assault and battery on a child, reports the Telegram and Gazette. He was sentenced 10 to 12 years in prison.

The defendant appealed, arguing three claims: first, that the prosecutor misstated important evidence in closing argument; second, that the judge erred by admitting expert testimony from the treating physician of the victim; and third, that the judge's instructions unfairly limited the jury's consideration of a defense based on the inadequacy of the police investigation, known as a Bowden defense.

The SJC concluded that the argument was prejudicial error, where she "told the jury of critical corroborative evidence that was not presented at trial. We therefore vacate the defendant's convictions and remand the case to the Superior Court for a new trial." The SJC also concluded that the judge didn't abuse his discretion and did not unfairly limit the jury's consideration of the Bowden defense.

Alvarez was originally convicted based on testimony from a 12-year-old girl who recounted acts of sexual abuse that had allegedly occurred on various occasions when she was between the ages of nine and six. Alvarez is the girl's Godfather and is married to her aunt.

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