ATTEMPTED RAPE SUSPECT HELD WITHOUT BAIL PENDING HEARING

A Level III sex offender was ordered held without bail until a Superior Court hearing next week can determine whether his pre-trial release would endanger an individual or the community, District Attorney Daniel F. Conley said today.

A Suffolk County Grand Jury yesterday returned four indictments charging DAVID FLAVELL (D.O.B. 6/22/69) with assault with intent to rape, two counts of assault and battery with a dangerous weapon, and one count of assault and battery for the violent Oct. 22 attack of a 27-year-old woman. The indictments move Flavell’s case from the Boston Municipal Court to Suffolk Superior Court, where it will be adjudicated.

At Flavell’s Superior Court arraignment this morning, Assistant District Attorney Tara Burdman requested that Flavell remain held without bail pending a dangerousness hearing scheduled for Dec. 4. Clerk Magistrate Gary D. Wilson accommodated her request.

The hearing, sought by prosecutors under Ch. 276, Sect. 58A, of the Massachusetts General Laws, allows for violent offenders to be held without bail for up to 90 days if “clear and convincing evidence” demonstrates that “no conditions of release will reasonably assure the safety of any other person or the community.”

Prosecutors allege that at about 3 p.m. on the date of the incident, Flavell was standing near a women’s restroom on the first floor of the Massachusetts General Hospital. The female victim entered the restroom and was washing her hands when Flavell walked in.

When the victim inquired about him being in the wrong bathroom, the defendant allegedly grabbed her and threw her to floor. During the violent struggle that followed, Flavell allegedly slammed the victim’s head against the floor and punched her in the face as she screamed and fought against him. Flavell then allegedly started to strangle the victim and put his knee on her chest before tearing at the front of her pants, ripping off both buttons and pulling the zipper down. He allegedly covered the woman’s mouth with his hand while she continued to scream and attempted to get out of the bathroom. Flavell is said to have pulled the victim away from the door, throwing her against an opposite wall, pulling her hair, and ripping the back of her pants as she again attempted to escape from his grip.

The victim was finally able to break free from Flavell and ran out of the restroom into a hallway, where witnesses saw her covered in blood.

The defendant exited the bathroom and tried to walk away from the area. A Massachusetts General Hospital security guard alerted to the assailant’s location immediately detained him. Hospital personnel observed that Flavell’s pants zipper was down and that he had blood on his shirt and pants. They brought him to a secure area where the victim was able to identify him as her attacker.

Boston Police sexual assault detectives responded to the hospital to seal the crime scene and interview the victim and Flavell. Detectives observed blood on the floor and walls of the women’s bathroom, as well as the buttons from the victim’s pants on the floor. Police also located and seized the handwritten sign that had been taped to the door.

The victim, who sustained serious but not life-threatening injuries, was escorted to the hospital’s emergency room for examination and treatment.

Flavell is represented by attorney Neil Madden. Anne Kelley-McCarthy is the victim-witness advocate.