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Child Rape Case Judge Freed Stall Suspect In '06

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Child Rape Case Judge Freed Stall Suspect In '06

BOSTON (WBZ) ― The same judge who released a suspect in a New Bedford rape case freed a Level 3 sex offender who was recently arrested for peeping at a woman in a bathroom stall.

Superior Court Judge Richard Moses released David Flavell, 38, of Brockton, from a treatment center in 2006 after deeming him not sexually dangerous.

Moses reached a similar conclusion in the case of Corey Saunders, who is accused of raping a 6-year-old boy in a New Bedford library last month.

Police say Flavell peered into a stall in the woman's bathroom at the Borders bookstore last month. The woman in the stall reported the incident to police.

Upon his arrest, police say they found three pairs of gloves, a ski mask and duct tape in the backpack he was carrying. Officials believe it is the same bag Flavell had when he entered the women's room at Borders.

Flavell was ordered held on $10,000 bail during his arraignment on Wednesday.

(© 2009 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)