First District Courthouse in Logan.
LOGAN — A judge has refused to toss out evidence against a 43-year-old Logan man accused of raping a woman, who was an acquaintance. Defense attorneys had claimed police broke the law and violated Gabriel Alvarado’s rights as they investigated the case against him.
Alvarado participated in a virtual detention hearing in 1st District Court Monday afternoon. He was previously charged with rape, object rape and forcible sodomy, all first-degree felonies; and domestic violence in the presence of a child, a class B misdemeanor.
Public defender Joseph Saxton had previously filed a motion, asking the court to toss out evidence that was gathered by law enforcement during a recorded phone call between Alvarado and the alleged victim. He claimed the call violated a protective order previously issued by the court.
Prosecutor Ronnie Keller disagreed, and said the order was only against Alvarado and didn’t prohibit the alleged victim from calling him. He explained that investigators followed the law and the defendant didn’t have to answer the phone.
Judge Brandon Maynard agreed with Keller and denied Saxton’s motion. He ruled police tactics were appropriate.
In April, Logan City police officers were contacted after the alleged victim went to the Cache Valley Hospital for treatment. She reported Alvarado had allegedly raped her hours earlier as she told him “no” continually. The assault reportedly took place at her Logan apartment.
Officers later conducted the recorded phone call between Alvarado and the woman. He denied raping her, but said that he made a mistake and apologized several times.
Days later, the alleged victim found flowers and a note on the doorstep of her apartment. The note was from Alvarado, allegedly apologizing and asking her not to call police.
Alvarado didn’t speak during Monday’s hearing and was ordered to appear again in court Nov. 8. He is being held in jail without bail and could face up to life in prison if convicted.
Individuals arrested and charged in complaints are presumed innocent unless or until proven guilty beyond a reasonable doubt in court.
will@cvradio.com