Man guilty of water park sex assault drops appeal, now eligible for release

By CHARLES McMAHON
cmcmahon@fosters.com


Article Date: Friday, May 9, 2008
PORTSMOUTH — An illegal immigrant recently convicted of sexually assaulting a 14-year-old girl last summer in the wave pool of Water Country dropped his appeal in District Court Thursday and is now eligible to be released from jail.

Marvin Hernandez, 27, of 11 Ingall St., Lynn, Mass appeared in front of Judge Sawako Gardner in Portsmouth District Court and with the assistance of a Spanish interpreter accepted guilty verdicts for a pair of Class A misdemeanor convictions of sexual assault.

Both convictions claim that on Aug. 5, 2007, he put his hands inside a minor's bikini bottom while in the wave pool at the family water park.

For one of the sexual assault charges Hernandez was sentenced to serve a year in the Rockingham County House of Corrections, ordered to have no contact with the victim and to stay away from the theme park.

According to Prosecutor Stephen Kasmar, since Hernandez has already served 278 days in jail, he is now eligible to be released because of the "good time" accrued while incarcerated.

For the second conviction he a 12-month jail sentence and a $2,000 fine, both suspended contingent upon his good behavior for two years.

According to prosecution, once released Hernandez could face potential deportation from federal immigration officials due to his illegal status in the country.http://www.fosters.com/apps/pbcs.dll/article?AID=/20080509/GJNEWS_01/74432166/-1/FOSNEWS