Thursday, August 30, 2007

Illegal alien sex assault case goes to grand jury

Marvin Hernandez, left, stands with public defender Deanna Campbell during Tuesday's court appearance.
Elizabeth Dinan photo By Elizabeth Dinan
August 14, 2007 2:52 PM
PORTSMOUTH — An illegal alien wanted by the Department of Homeland Security for deportation waived his right to a probable cause hearing on charges alleging he sexually assaulted a minor girl in a Water Country wave pool.

Marvin Hernandez, 27, of 11 Ingall St., Lynn Mass., was brought from the Rockingham County House of Corrections to Portsmouth District Court August 14 on a felony count of criminal restraint, a felony charge of false imprisonment and two class A misdemeanor charges of simple assault.

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Illegal alien charged with assault at water park Police allege Hernandez twice grabbed an inner tube in which a 14-year-old girl was floating, pulled her toward him and put his hand down the front of her bikini bottom. The assaults are alleged to have occurred August 5 at the Lafayette Road water-theme amusement park.

Represented by public defender Deanna Campbell and with assistance from a Spanish interpreter, Hernandez declined the option of having a hearing to determine if the state has sufficient evidence to prove he committed the alleged sex crimes. His waiver moves the charges to Rockingham County Superior Court, where they will likely be heard by a grand jury.

Following Hernandez’s waiver, Judge Sawako Gardner ordered that bail remain at $75,000 cash and $20,000 personal recognizance.

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