NEWBURYPORT — A Seabrook restaurant manager accused of raping an employee at her Salisbury home was due to post $10,000 cash bond following a dangerousness hearing Monday in Newburyport District Court.
In addition to the rape, Marvin O. Hernandez, 40, of Haverhill was arraigned Oct. 26 for strangulation/suffocation, attempted felony and assault. The charges relate to incidents involving two women that occurred around the same time, according to the prosecutor.
At arraignment, Judge Peter Doyle ordered Hernandez to be held until the hearing, which was to determine whether he posed too great a risk to the Salisbury woman or the public to be released on bail pending his trial.
On Monday, Essex County District Attorney Michelle Belmonte asked Doyle to hold Hernandez without bond, saying there were no release conditions that guaranteed the women’s safety.
Belmonte said Hernandez was a manager at a restaurant where they all worked. Hernandez allegedly went to the Salisbury home on October 24, where he had never been, and attacked one woman, then violently assaulted the other.
Hernandez’s attorney, John Valerio, said his client had no criminal record, had worked at the same restaurant since 2008 and had lived at the same location for 18 years. Valerio said Hernandez’s employer was keeping his job until he returned and the police report didn’t tell the full story.
“A valued and trusted employee,” Valerio said of Hernandez.
A police report attached to the complaint was impounded by Doyle at the time of Hernandez’s arraignment.
Valerio agreed there were sufficient probable grounds to hold his client without bond, but asked Doyle to release him on terms that would ensure the safety of both women.
Anticipating Valerio’s request, Belmont had previously told Doyle that if the judge released Hernandez she wanted him fitted with a GPS tracking device and ordered to stay out of Salisbury and the Haverhill residence. of the second wife.
Doyle accepted the GPS device and ordered Hernandez not to leave his home except to go to work and stay out of Salisbury. Hernandez must also stay out of trouble with the law and must not have any weapons or explosive devices.
Doyle also ordered that Hernandez be held on $10,000 cash bond, an amount a gallery family member said he would post within hours.
Hernandez is due back in court on Jan. 5 for a probable cause hearing.