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Batiz-Alvarez pleads not guilty in rape case
By Cynthia Kaneshiro - The Garden Island
LIHU'E — A cruise-ship employee was arrested and charged with kidnapping and raping another cruise-ship employee.
Mario Batiz-Alvarez pleaded not guilty to five felony counts before Circuit Court Judge Kathleen Watanabe earlier this week.
Deputy Public Defender John Calma pointed out that English is a second language for Batiz-Alvarez, and asked Watanabe that she provide an interpreter for Batiz-Alvarez for the Jan. 30, 2006, trial.
According to court records, suspect Batiz-Alvarez allegedly restrained a female coworker, and raped her.
According to court records, Batiz-Alvarez is from Honduras, Central America, and became a U.S. citizen about three years ago.
Batiz-Alvarez, 44, of Seattle, was arrested Oct. 14, and is in custody on $40,000 bail.
The alleged victim, 21, lives in Oregon.
The investigation into the case started when Kaua'i Police Department officers and detectives responded to a report of sexual assault on Oct. 13 at about 4:30 p.m. aboard the Norwegian Cruise Line Pride of America when it was docked in Nawiliwili Harbor.
In her statement, the alleged victim told KPD officials that Batiz-Alvarez called her on the phone and asked if she wanted to watch a movie in his room.
When she arrived, he asked if she wanted a massage.
In her statement, she said, "yeah, sure."
She went to lay down on her stomach on his bed, and he started to massage her down her back.
When he got down to her lower back, he started to take off her pants.
The alleged victim resisted, and said "no" to Batiz-Alvarez, while trying to keep her pants up.
However, he pushed her hands away, and pulled her pants off, and off the bed.
Still on her stomach, the alleged victim said Batiz-Alvarez pulled her shirt over her head, and pinned her to the bed. She tried pushing him away, but he was too strong for her, she said.
He raped her, she said.
He then flipped her over onto her back, put both hands onto her shoulders, and pushed her down on the bed.
After flipping the alleged victim onto her back, Batiz-Alvarez allegedly bit her on the right side of her neck, leaving a red mark, she said.
Although she was still resisting, the alleged victim said in her statement, that Batiz-Alvarez raped her again.
When he stopped, she got up and got dressed. While dressing, he told her, "You will always be my girl," she said.
The alleged victim left the suspect's room, returned to her room, and used the bathroom. She then called a co-worker.
She told her friend what happened, and that she was bleeding from the anal area when she went to the bathroom.
The alleged victim told her friend that she was afraid to tell anyone because Batiz-Alvarez would find out and hurt her.
Both the alleged victim and her friend then went to the ship's security office to report the incident.
According to court papers, Batiz-Alvarez waived his rights to remain silent, and admitted to some of the allegations.
He said that he understood English.
In his statement, Batiz-Alvarez said the alleged victim asked him to rub her back, and that she took off her clothes at his request.
He said he wanted to have anal inter-course, but she said that it hurt, so he didn't.
The suspect said he wore a condom.
Batiz-Alvarez, in his statement, said they kissed each other, and that he might have sucked her neck, but he did not bite her at all.
He stopped when she told him that she did not want any more sex, he said.
While dressing, Batiz-Alvarez said she would call later, and would come back.
He said he did not remember saying, "You will always be my girl."
He said the incident lasted about 35 minutes, that it was consensual, and that she was a "willing partner."
In his statement, Batiz-Alvarez said the alleged victim "was happy."
When asked by a KPD officer why the alleged victim would file a complaint against him, Batiz-Alvarez said, "That's what I don't understand."
"I thought we was enjoying ourself," said Batiz-Alvarez, in his statement.
Two YWCA officials also were involved. They provided counseling, physically examined, and collected evidence from the alleged victim.
Cynthia Kaneshiro, staff writer, may be reached at 245-3681 (ext. 252) or ckaneshiro@kauaipubco.com
Mario Batiz-Alvarez pleaded not guilty to five felony counts before Circuit Court Judge Kathleen Watanabe earlier this week.
Deputy Public Defender John Calma pointed out that English is a second language for Batiz-Alvarez, and asked Watanabe that she provide an interpreter for Batiz-Alvarez for the Jan. 30, 2006, trial.
According to court records, suspect Batiz-Alvarez allegedly restrained a female coworker, and raped her.
According to court records, Batiz-Alvarez is from Honduras, Central America, and became a U.S. citizen about three years ago.
Batiz-Alvarez, 44, of Seattle, was arrested Oct. 14, and is in custody on $40,000 bail.
The alleged victim, 21, lives in Oregon.
The investigation into the case started when Kaua'i Police Department officers and detectives responded to a report of sexual assault on Oct. 13 at about 4:30 p.m. aboard the Norwegian Cruise Line Pride of America when it was docked in Nawiliwili Harbor.
In her statement, the alleged victim told KPD officials that Batiz-Alvarez called her on the phone and asked if she wanted to watch a movie in his room.
When she arrived, he asked if she wanted a massage.
In her statement, she said, "yeah, sure."
She went to lay down on her stomach on his bed, and he started to massage her down her back.
When he got down to her lower back, he started to take off her pants.
The alleged victim resisted, and said "no" to Batiz-Alvarez, while trying to keep her pants up.
However, he pushed her hands away, and pulled her pants off, and off the bed.
Still on her stomach, the alleged victim said Batiz-Alvarez pulled her shirt over her head, and pinned her to the bed. She tried pushing him away, but he was too strong for her, she said.
He raped her, she said.
He then flipped her over onto her back, put both hands onto her shoulders, and pushed her down on the bed.
After flipping the alleged victim onto her back, Batiz-Alvarez allegedly bit her on the right side of her neck, leaving a red mark, she said.
Although she was still resisting, the alleged victim said in her statement, that Batiz-Alvarez raped her again.
When he stopped, she got up and got dressed. While dressing, he told her, "You will always be my girl," she said.
The alleged victim left the suspect's room, returned to her room, and used the bathroom. She then called a co-worker.
She told her friend what happened, and that she was bleeding from the anal area when she went to the bathroom.
The alleged victim told her friend that she was afraid to tell anyone because Batiz-Alvarez would find out and hurt her.
Both the alleged victim and her friend then went to the ship's security office to report the incident.
According to court papers, Batiz-Alvarez waived his rights to remain silent, and admitted to some of the allegations.
He said that he understood English.
In his statement, Batiz-Alvarez said the alleged victim asked him to rub her back, and that she took off her clothes at his request.
He said he wanted to have anal inter-course, but she said that it hurt, so he didn't.
The suspect said he wore a condom.
Batiz-Alvarez, in his statement, said they kissed each other, and that he might have sucked her neck, but he did not bite her at all.
He stopped when she told him that she did not want any more sex, he said.
While dressing, Batiz-Alvarez said she would call later, and would come back.
He said he did not remember saying, "You will always be my girl."
He said the incident lasted about 35 minutes, that it was consensual, and that she was a "willing partner."
In his statement, Batiz-Alvarez said the alleged victim "was happy."
When asked by a KPD officer why the alleged victim would file a complaint against him, Batiz-Alvarez said, "That's what I don't understand."
"I thought we was enjoying ourself," said Batiz-Alvarez, in his statement.
Two YWCA officials also were involved. They provided counseling, physically examined, and collected evidence from the alleged victim.
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puput wrote on Apr 3, 2009 10:19 AM: