$1,000 bail for Lynn man charged with rape

LYNN-A Lynn man arrested for aggravated rape and other charges was freed on $1,000 bail Tuesday after spending 11 days behind bars, a situation his attorney described as unnecessary punishment and a travesty of justice.”In all my 24 years of practicing law, this is the weakest case of its kind I have ever seen, with no evidence to support the charges, yet my client had to remain in jail since his arrest on March 21 and today was the first time he was heard in open court,” said defense lawyer Michael Cerulli, who claims overzealous police arrested Hassane A. Barry based on unsubstantiated statements made at the scene by the purported victim’s brother.Barry, 53, 29 Arlington St., was charged with aggravated rape, assault and battery and urinating in public. He was held without bail pending Tuesday’s bail hearing in District Court when Judge Michael Laurenzano issued a restraining order on the victim’s behalf and reduced bail to $1,000.The case was continued to May 19 for a probable cause hearing. Cases involving such serious charges ? at least those that contain solid evidence ? typically are referred to a grand jury from which an indictment can arise rather than subject to a probable cause hearing, said Cerulli, adding that he has been assured by the Essex County District Attorney’s office that Barry’s case will be ultimately dismissed.Essex District Attorney spokesman Steve O’Connell said that is not true.”The case has been assigned to a superior court assistant district attorney and the investigation and prosecution are moving forward,” O’Connell said.The allegations against Barry include extreme violence of a sexual nature and attempted strangulation. The victim’s brother told police that Barry violently assaulted his sister after they were intimate that evening.Born in Guinea, Africa, the defendant immigrated to Lynn 22 years ago. According to Cerulli, Barry is a married U.S. citizen and father, has owned a home in Lynn for 17 years and works steadily, most recently as a truck driver, a job he lost following his arrest. “Mr. Barry and his wife separated two years ago. Since then, he has been seeing the woman who claims she was assaulted. Yet that same woman chose to stay at Mr. Barry’s home on the night of his arrest and refused to leave when asked,” said Cerulli, noting that police were called when Barry and the woman were heard arguing outside the house.The police incident report indicates the woman was upset and crying in the backyard. The woman told police she was embarrassed by what Barry had done to her. She also noted that she and Barry broke off their dating relationship on March 17 and that she had gone to his home on March 21 to discuss the situation. The police report also noted that the woman refused to leave Barry’s home at his request and at the behest of her two brothers and son. The victim told police she didn’t leave the apartment because she had been drinking alcoholic beverages and preferred not to drive.While police were at the scene, Barry urinated near a parked automobile, a crime for which he was also charged.According to Cerulli, Barry’s divorce would have been finalized last week but he was in jail and could not attend the proceeding.O’Connell said the state on Tuesday asked that Barry be held on $15,000 bail.