PITTSFIELD — A district court judge today ruled that a Somerville High School student accused of raping a freshman with a broomstick during a team building trip in Otis is not a danger to society, and can be safely released on bail while awaiting trial.
Judge Frederic D. Rutberg, after reading a 40-page State Police affidavit, ruled from the bench that Berkshire County prosecutors did not provide “clear and convincing’’ evidence that Galileo Mondol was so dangerous that he needed to be jailed for the next 90 days.
Outside the courthouse, defense attorney William Korman said Mondol was thrilled with the ruling.
“The notion that the Commonwealth would even hold a dangerousness on a case like this, with evidence this thin, is patently absurd,†Korman said. “We’re grateful and thankful the judge saw through that.â€
Mondol is one of three Somerville High students charged with sexually assaulting three high school freshman during the weekend of Aug. 24-25 at Camp Lenox in Otis, where some 165 Somerville students, along with 20 adult supervisors, were participating in the preseason program.
At 17 years old, Mondol’s case is proceeding in open court while his two codefendants are currently being prosecuted behind the closed doors of Berkshire Juvenile Court.
Mondol has pleaded not guilty to all charges.
While rejecting Berkshire Assistant District Attorney Rachel Eramo’s request that Rutberg order Mondol held without bail, the judge ruled that bail remain at $100,000 cash, the same amount that his family has so far been unable to post.
Rutberg also imposed an 11 p.m. curfew, barred Mondol from having contact with victims or witnesses in the case and to surrender his passport. He was not ordered to wear GPS monitoring equipment.
Korman, who insists that Mondol will be completely exonerated, lamented that Mondol has been the subject of media scrutiny while the two juvenile defendants in the case go unnamed.
“I think it’s unfair that… [Mondol’s] name is put out there and his face is on television while the juvenile codefendants, especially the ones who are far more culpable than him, get to hide behind that cloak of anonymity,†he said. “Unfortunately, that’s the way the law is written.â€
Korman said Mondol’s family is hoping to raise the $100,000 cash was raising money from family and colleagues in hopes of freeing Mondol over the weekend.
During the hearing, Korman said Somerville High School was in the process of expelling Mondol, and had already banned him from attending any school athletic events.
Mondol and two teammates are accused of forcing their way into a cabin occupied by freshmen where one of the freshman was raped with a broomstick. Mondol and the two 16-year-olds are accused of then assaulting two other freshmen who managed to fight off the attacks and were not raped, but were poked with the broomstick in their buttocks, prosecutors have alleged.
The victims were all members of the school’s junior varsity boys’ soccer team, officials have said.
Dan Adams can be reached at dadams@globe.com. Find him on Twitter at @DanielAdams86.
