Telegraph file photo by DEAN SHALHOUP Rafael Rivera, whose request for release from jail has been denied, enters Superior Court for a hearing in February.

NASHUA – Past age 50, diabetic, battling hepatitis C and incarcerated at Valley Street jail, Nashua resident Rafael Rivera is clearly at high risk for contracting the COVID-19 virus, his public defender wrote in a motion seeking Rivera’s release from jail.

“Both of his medical conditions render Mr. Rivera at increased risk of complications if exposed to COVID-19, which is currently spreading through the state and the country,” Attorney Amanda Armillay wrote on behalf of Rivera, who is 53 and has been held in jail on preventive detention since his Jan. 31 arrest.

Judge Jacalyn Colburn did grant Rivera the first part of his request – that he be allowed a second bail hearing because, as Armillay wrote in the motion, his health and the COVID-19 outbreak “constitute a change in the circumstances.”

But following the hearing, which took place Friday, Colburn denied Rivera’s motion to amend his bail.

Rivera, whose most recent address is 57 Palm St., is charged with one count of aggravated felonious sexual assault, which accuses him of sexually molesting a 12-year-old girl over several months.

Rivera entered a plea of not guilty at his Feb. 3 bail hearing, but the judge ordered him held in jail, agreeing with the prosecutor that he posed a danger to others and was a flight risk.

Police said at the time of Rivera’s arrest that they received a report in late January that Rivera had allegedly groped, and had inappropriate contact with, the alleged victim on multiple occasions.

A day later, the girl disclosed the allegations during an interview at the Child Advocacy Center, the reports state.

Police said detectives, during their investigation, learned that Rivera allegedly told the girl “to stop being awkward” regarding his alleged actions, and told her he was teaching her “lessons on how to be a girl,” the reports state.

He turned himself in to police a day after learning they had a warrant for his arrest.

He agreed to an interview with detectives, during which “he made no admissions to engaging in” the behavior alleged by the girl, police said.

Dean Shalhoup may be reached at 594-1256 or dshalhoup@nashuatelegraph.com.

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