The defendant was also to be released to his 26-year-old friend as third party custodian.
Judge Perry Inos directed the defendant, Alvin P. Lizama, not to have any contact with his victim or minors, and to surrender his passport to the Tinian courthouse.
It was not known if Lizama was able to post bail after the hearing on Friday afternoon.
In his motion to modify the defendant’s bail order, Assistant Public Defender Douglas Hartig argued that “the right to bail, which permits the criminally accused to remain at liberty pending trial, is fundamental to our justice system.”
In his opposition, Assistant Attorney General Russel Lorfing, the prosecutor, said the conditions of bail requested by the defendant, such as the property bond, and his friend as third party custodian “are not proportionate to the risk of the community’s safety’s concomitant to defendant’s liberty.”
Lorfing added: “Defendant is accused of viciously raping his own [then] 14-year-old niece, who recently gave birth to his child. Such brazen behavior suggests a cavalier attitude toward the rule of law and should be interpreted as a threat to this community.”
The Attorney General’s Office charged the defendant with sexual assault in the first degree, sexual abuse of a minor in the second degree, assault and battery, and disturbing the peace.
The incident occurred in or about Oct. 2010, the AGO said.
