Convicted child molester Patrick M. Calvo will be released from the Department of Corrections on May 25, 2017, but anytime starting today he can possibly avail of DOC’s work release program.

At yesterday’s resentencing, Superior Court Presiding Judge Robert C. Naraja imposed a total of seven years imprisonment on the 54-year-old Calvo for sexually abusing a 13-year-old girl in 2008.

Naraja said after completing the prison term, Calvo will be placed on probation for seven years.

Naraja required the defendant to, among other things, seek clinical psychiatric evaluation treatment, register as a sex offender, perform 1,500 hours of community work service, and submit to HIV testing.

Calvo was also ordered to pay restitution to the victim, pay a $1,000 fine, $100 in court assessment fee, and $700 in probation fee.

Naraja said following the victim’s family’s request, the defendant is not allowed to have direct or indirect contact with the victim during the probationary period.

The judge said Calvo is restricted from employment involving contact with minors or those under 18 years old.

In an interview after the hearing, Francisco Ada, on behalf of the victim and her family, said the truth is Calvo has yet to acknowledge that he did commit these crimes.

Ada said he is not going to comment on the legalities about the resentencing, but that all he knows is that eight years of imprisonment is not enough and Calvo is going out of jail in May next year or before eight years.

Eight years imprisonment was the original sentence that Naraja imposed in May 2010.

Ada pointed out that Calvo may even be allowed to be released on DOC’s work release program starting today, Thursday.

He is hoping that DOC will not allow the defendant to be on work release.

Ada said his nieces were born and raised on Saipan and that they love to come back to their island, see their family, their grandmother here.

Ada said it’s very hard for them to return knowing that Calvo will be released before his eight years is up.

Ada said even for the offenses that Calvo committed, still to this day, he has yet to admit.

“Eight years is not enough, is not justice,” he said, adding that Calvo robbed “them” of their innocence.

In 2000, the Office of the Attorney General filed two criminal cases against Calvo for allegedly sexually abusing two minor girls in 1997 and 1998.

One jury acquitted him. In 2005, the court dismissed the second case after the government moved to drop the charges.

Ada said in this 2008 case, a lot of issues here in the community were raised with regards to appropriate treatment “whatever it is.”

Ada said people that have committed this type of offenses should not seek loopholes in the law so they can be released early.

“I just think that it is really sad for the victims and also how it affects a family and other families, even his (Calvo) own family,” Ada said.

Assistant attorney general Shannon Foley, counsel for the government, refused to comment about the sentence.

Defense counsel Bruce Berline, in an interview, said as he stated the question is about whether the release of Calvo is proper and within the time and the parameters of the sentencing handed down.

“This is the appropriate time. I think the government’s own evidence indicated that this is the appropriate time,” Berline said.

Berline said certain type of therapy needed and approved is available on Saipan and this is the time to do that.

“You can’t just warehouse these people. You’re just putting off a problem that’s gonna surface down the road,” he said, referring to persons convicted of sexual abuse of minors.

He said the government needs to address this problem and they need to come up with adequate services, adequate mental health services for the community.

“This is going to be an ongoing problem,” Berline pointed out.

As to the question that Calvo until now is not admitting guilt, Berline refused to comment.

On Calvo possibly going out on work release, Berline said they are going to try that.

In September 2009, a Superior Court jury found Calvo guilty.

On May 27, 2010, Naraja sentenced Calvo to eight years in prison for sexual assault in the second degree, eight years in jail for sexual abuse of a minor in the second degree, five years in prison for sexual abuse of a minor in the third degree, and six months in prison for disturbing the peace.

Naraja merged the sentences for the first three charges and ordered that the sentence for the last charge is concurrent with the first three other charges. It means that Calvo should serve a total of eight years in prison for all charges. Naraja also imposed many conditions.

Calvo then appealed, asking the CNMI Supreme Court that to reverse his conviction and set a new trial.

In July 2014, the high court upheld Calvo’s conviction. The justices, however, ordered the Superior Court to redo the sentencing because it imposed probation, restitution, and community service without suspending some of Calvo’s jail term.

In May 2014, the CNMI Board of Parole denied Calvo’s application for parole. Those who opposed Calvo’s parole application described him as a monster, a serial sex offender, a pedophile, and good in manipulating persons.

But then-DOC officials described Calvo as a great asset as he worked on the opening of a library and other programs.

Last April, Calvo, through counsel Berline, filed a petition for a writ of habeas corpus against then-DOC acting commissioner Georgia M. Cabrera before the U.S. District Court for the NMI.

Habeas corpus refers to a court order to a prison warden or an institution holding someone in custody to deliver the imprisoned individual to the court.

In Calvo’s petition for habeas corpus, Berline said the Commonwealth’s integration into the U.S. political and judicial system, clearly establish that the Sixth Amendment jury trial right is a fundamental constitutional right in the Commonwealth.

Berline said denying Calvo of this right was contrary to or unreasonable application of the Sixth Amendment jurisprudence.

Calvo used to be president of the Rotary Club of Saipan.

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The six Superior Court jurors started deliberating yesterday in the case against Jergerson Techur Koshiba, a 42-year-old former firefighter who is on trial for allegedly sexually abusing a 9-year-old girl at a residence in Navy Hill last February.

The jurors are expected to resume their deliberations today, Friday.

In the government’s closing arguments, assistant attorney general Betsy Weintraub asked the jurors to return a verdict that justice demands by finding Koshiba guilty of sexual abuse of a minor in the second degree.

In the defense’s closing arguments, attorney Joaquin DLG Torres said he believes that the girl was just dreaming, but that whatever the reason is, the government did not meet their burden beyond a reasonable doubt to prove the charges.

Weintraub described the victim as a strong little girl, who cried at the witness stand but continued her testimony.

Weintraub cited the girl’s testimony how she was awakened when Koshiba touched her private part in the living room’s couch on Feb. 26, 2016.

“This man sexually abused a 9-year-old!” said the prosecutor as she pointed to Koshiba.

Weintraub said there is no way the mother ever leaves her child alone with Koshiba again.

Torres said to find Koshiba guilty, the government must prove beyond reasonable doubt every single of the seven elements of the charge of sexual abuse of a minor in the second degree.

Torres described as inconsistent the girl’s statements she gave to a police officer and her testimony during the trial.

Among the statements that Torres cited as inconsistent was when the girl told police days after the incident that Koshiba used a finger to touch her private part, but at the witness stand stated that he rubbed her private part using the right hand.

“I think she’s dreaming,” Torres said.

Torres said the government did not even call to the witness stand the doctor, who examined the girl.

Torres said if the girl was telling different stories and the jurors should not believe any of them.

The defense lawyer said there was no evidence that Koshiba did it for sexual gratification, which is one of the elements of the charge.

Torres said the government presented zero evidence.

The defense counsel said based on the mother’s actions after the girl told her what Koshiba did shows the mother did not believe her daughter.

“I submit she didn’t believe in her own daughter,” Torres said.

Torres said the girl’s panty had no blood or discharge.

Torres said the girl told the doctor that she did not feel any pain and that there was no bruising or swelling according to the doctor.

Weintraub said no one questioned the girl’s credibility and that the charge does not need the government to prove there was injury to the girl’s private part.

Weintraub said what the jurors observe during the girl’s testimony was real fear and real emotions.

Weintraub said the girl got up from the couch and ran to the bathroom then to her mother not because she was dreaming but because Koshiba touched her private part.

Weintraub said the girl woke up her mother and she was crying and shaking.

The prosecutor said the nightmare was not over as Koshiba walked back and forth near the door’s room possibly because he wanted to do it more.

Weintraub said the girl had to cling to her mother’s leg not because it was a dream but because it happened.

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Superior Court Presiding Judge Robert C. Naraja has disclosed that he has received many letters from supporters of convicted child molester Patrick M. Calvo in which they pleaded for a lenient sentence.

“It is evident from these letters that Calvo is viewed by some as an upstanding member of society,” said Naraja in his written sentencing order last Wednesday. He did not name Calvo’s supporters.

Calvo, 54, used to be president of the Rotary Club of Saipan.

Naraja said these letters also provide a basis that Calvo may be rehabilitated, based upon the presence of community support, stemming in part from his prior civic contributions.

Naraja said he considers both these factors as evidence for mitigation.

At the resentencing hearing last Wednesday, the judge imposed a seven-year prison term on Calvo. The original sentence that Naraja handed down in May 2010 was eight years imprisonment.

Naraja resentenced Calvo to eight years in prison for sexual assault in the second degree, eight years in prison for sexual abuse of a minor in the second degree, five years in prison for sexual abuse of a minor in the third degree, and six months in prison for disturbing the peace.

Naraja merged the sentences into a single sentence. Naraja said to the extent that one offense is not a lesser-included offense of the other, those sentences are to run concurrently with the sentence of sexual assault in the second degree, of eight years.

In total, the judge said, Calvo is sentenced to a term of eight years, all suspended except for seven years.

Without a revocation of his probation, Calvo shall serve seven years in prison, with credit of three days of time already served.

Calvo’s jail term is considered commenced as of May 25, 2010.

Accordingly, the judge said, the defendant shall be released from the Department of Corrections no later than May 25, 2017.

After completing the prison term, Calvo will be placed on probation for seven years.

On restitution, Naraja ordered Calvo to pay for the victim’s treatment for the remainder of his sentence, including during the pendency of his probation.

He ordered the government to submit before April 28, 2017, a restitution request, including past billings for the victim’s medical and psychological treatment that took place on or before March 28, 2017.

Naraja said Calvo may file a motion to modify his probation period or probation conditions, but any such motion must initially be submitted under seal and accompanied by a medical specialist’s report that explains the most current results of Calvo’s sex offender assessment and progress on sex offender treatment, which may include behavioral modification therapy.

Naraja required Calvo to, among other things, seek a clinical psychiatric evaluation treatment, register as a sex offender, perform 1,500 hours of community work service, and submit to HIV testing.

Calvo may receive continued assessment and treatment from Dr. Irshaad Shaffeeullah, a psychiatrist at the Commonwealth Healthcare Corp., while he is in its custody and upon his release from DOC.

Calvo is restricted from jobs involving direct contact with minors or those under the age of 18 years old.

Unless with the supervision of a third-party, he is prohibited from initiating contact or approaching minors.

At the resentencing, Naraja acknowledged that Calvo has become involved in different programs during his time at DOC.

This involvement, the judge noted, includes providing education assistance to other inmates and has helped develop and implement training project for other inmates.

Naraja said it is clear from the letters provided as part of Calvo’s presentence investigation report that he has made a conscious effort to become a productive member of society during the course of his incarceration.

Naraja said Calvo has taken this opportunity to better himself and the lives of his fellow inmates.

Naraja said Calvo has also testified before the court as to his contributions to DOC and his fellow inmates by writing grants for federal funding projects.

The judge, however, also noted that Calvo has not, to this date, expressed remorse for the possibility of inflicting lifelong pain and trauma on the victim.

In fact, Naraja said, additional evidence submitted by Calvo does not reassure this court that he will ever be remorseful, unless Calvo goes through sustained counseling and behavioral management therapy.

Accordingly, Naraja said, he does not take into account Calvo’s remorsefulness as a mitigating factor.

With respect to aggravating factors in this case, Naraja said that Calvo was convicted of sexually assaulting a minor, who was only 13 years old at the time.

Naraja said the adverse psychological and emotional effects of this assault will most likely be with the victim for the rest of her life.

Naraja said the victim suffered nightmares, trouble sleeping, and a loss of appetite.

“Calvo’s behavior is unfathomable and the court views this blatant violation of trust as a serious stain on Calvo’s character,” the judge said.

Naraja said the criminal justice system alone is not capable of healing the wounds wrought from this very deepest betrayal of trust—by any measure of punishment.

Naraja concluded that these factors require him to seriously question whether Calvo can be successfully rehabilitated and allowed back into society, without some guarantee and the glimmer of hope of adequate behavioral modification therapy.

After considering the mitigating and aggravating factors, the judge said he ultimately determines that the proper sentence for Calvo is eight years imprisonment, one year suspended, with credit for time already served.

Naraja said he suspended Calvo’s sentence for one year, to allow for officers of the Office of Adult Probation to continuously monitor Calvo’s rehabilitation into society for an extensive period of time; in an effort to reduce or eliminate the possibility of recidivism.

At the oral pronouncement of Calvo’s sentence, Naraja called for “intensive monitoring”—and encouraged Calvo to submit to continued sexual offender assessments and to explore any available treatment options, such as sustained behavioral modification therapy.

This provision, Naraja said, would effectively keep Calvo within the criminal justice system and will grant the victim the aegis of certain probation conditions, such as no contact order for an extended period of time—that would not have existed, had he been released from incarceration after serving the full eight-year sentence.

Naraja said after completing the prison term, Calvo will be placed on probation for seven years.

In 2000, the Office of the Attorney General filed two criminal cases against Calvo for allegedly sexually abusing two minor girls in 1997 and 1998.

In one jury, the jury acquitted him. In 2005, the court dismissed the second case after the government moved to drop the charges.

In September 2009, a Superior Court jury found Calvo guilty of sexually assaulting and abusing a then-13-year-old girl in 2008.

On May 27, 2010, Naraja sentenced Calvo to eight years in prison. Calvo appealed, asking the CNMI Supreme Court to reverse his conviction and set a new trial.

In July 2014, the high court upheld Calvo’s conviction. The justices, however, ordered the Superior Court to redo the sentencing because it imposed probation, restitution, and community service without suspending some of Calvo’s jail term.

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The retrial of Michael Anthony Jackson on charges of kidnapping and raping a then-15-year-old girl on Saipan started yesterday in the Superior Court.

As this developed, the bench trial of Andres B. Roberto, a man accused of sexually assaulting a girl on Saipan, resumed yesterday before Superior Court Presiding Judge Robert C. Naraja.

In Jackson’s retrial, the prosecution called to the witness stand Ferdinand Martin, who was then a security guard at Skyway Café and Poker in Dandan.

Martin said he was on duty at that time when a girl, who is the alleged victim in this case, came suddenly to their establishment between 3:30am to 4am on Oct. 9, 2010.

Martin said the girl, who was crying, went straight to their restroom. After 5 to 10 minutes, the girl went out so Martin asked her if she was okay. He said the girl did not reply and that he later saw her go inside a car.

The trial will resume today, Wednesday.

Assistant attorneys general Betsy Weintraub and Shannon Foley are prosecuting the case. Defense attorney Charles Reyes Jr. is court-appointed counsel for Jackson.

On April 26, 2013, the jury found Jackson guilty of kidnapping and sexual assault in the first degree. Camacho, who decided on the misdemeanor charge, also found the defendant guilty of assault.

On May 15, 2013, Camacho slapped the then-34-year-old Jackson with a maximum jail term of 40 years and six months without the possibility of parole.

Jackson appealed. He asked the CNMI High Court to reverse his convictions and remand the matter for a new trial, or in the alternative, for re-sentencing.

Last Dec. 30, the CNMI Supreme Court reversed the conviction and remanded Jackson’s case to the Superior Court for a new trial.

The justices ruled that the trial court erred in not repeating substantive jury instructions at the close of evidence.

Police said the girl had just come from an Internet café and was walking along Tun Joaquin Doi Road in Finasisu on her way home on Oct. 9, 2010, at about 1am when Jackson forced her into his car, brought her to an open field at the Saipan arport, and raped her inside his car. He then forced the girl to smoke methamphetamine or “ice.”

The girl later managed to run away, police said.

In Roberto’s case, the bench trial started last Aug. 22, but was postponed due to some legal issues. The trial resumed yesterday with the prosecution calling some more witnesses.

Defense attorney Joaquin Torres is counsel for Roberto.

Assistant attorney general Jonathan Robert Glass Jr. is prosecuting the case.

Roberto, 49, allegedly handed $60 for a fundraiser to the 14-year-old girl, then hugged her, kissed her on the mouth, squeezed her breast, and rubbed her butt in the back of a house in the evening of April 19, 2016.

The girl said she pushed Roberto away, threw the money back at him, and ran into the house.

Police said because of the incident, the girl was so traumatized that her mother once saw her in possession of a knife on her bed as she wanted to kill herself.

Roberto is on trial for sexual assault of a minor in the third degree, assault and battery, and disturbing the peace.

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The CNMI Supreme Court has placed under advisement the appeal of attorneys Antonio Atalig and Reynaldo Yana against Superior Court Associate Judge Kenneth L. Govendo’s order invalidating the contingent fee agreements they entered with the estate of Angel Malite and Govendo’s subsequent order reducing their award of attorneys’ fees.

Then-Superior Court Associate Judge Juan T. Lizama awarded in 2006 $1.25 million in attorneys’ fees to Atalig and Yana for their work securing the $3.4 million that the Marianas Public Land Authority paid the Malite estate in settlement for a parcel of land.

In June 2012, Govendo awarded Atalig and Yana only $75,525 in attorneys’ fees and ordered them to return $1.2 million plus interest to the Malite estate.

CNMI Supreme Court Associate Justice John A. Manglona and Justices Pro Tem Timothy H. Bellas and Robert J. Torres Jr. heard Atalig and Yana’s appeal last week.

Atalig argued on his behalf and for Yana. Attorney Tiberius Mocanu argued as counsel for the Malite estate.

Atalig argued that the contingent fee agreements were valid, or in the alternative, that the attorneys’ fee award was improperly reduced.

Atalig and Yana claim Govendo erred when he invalidated the contingent fee agreements and when he reduced the attorney fee.

Atalig argued that this case started in 1969 when a probate was opened for the Malite estate during the Trust Territory High Court.

Atalig said he started in 1995 providing legal services to Jesus Tudela, then administrator of Malite estate with respect to the Texas Road land exchange and wetland compensation.

Atalig said it’s been 21 years of his life that he has been engaged in this case.

“We are appealing the validity of the trial court’s decision with respect to contingency fee,” he said.

Atalig said the cases cited by Govendo in invalidating the contingency fee were totally false, a misrepresentation to the judiciary and to the Commonwealth.

Atalig said when the $3.4 million was awarded, it was a civil matter and not in the probate proceedings.

Atalig said there was no objection to his contingency fee, but when the award of his attorney’s fee was made by Lizama in 2006, that’s when they received objection from an heir represented by attorney Stephen Nutting.

Atalig said there was no hearing made on his itemized billings.

He said he and Yana submitted their report on fees, but Govendo was not satisfied so they submitted the second billings and accounting.

Atalig said he took the case out of the goodness of his heart because the heirs have no money.

In their brief, Atalig argued that assuming that there is a law that authorizes the trial court to invalidate a contingent fee agreement short of fraud, Govendo’s ruling that the contingent fee agreements entered into by Atalig and the heads of the Malite clan are invalid and unenforceable is not supported by substantial evidence.

Assuming that there is a law that requires the invalidation of contingent fee agreements, Atalig said the trial court’s ruling that the contingent fee agreements are invalid and unenforceable is not supported by substantial evidence.

He added that the trial court’s award of fees to him and Yana is unreasonable.

Mocanu argued that the attorney’s fees that Atalig charged was unreasonable.

Mocanu said there is no evidence that there was a special skill performed that led to the payment of $3.4 million.

Manglona told Mocanu that it is a fact that it is hard to get land compensation from the government.

“You need some negotiating skills or connections,” Manglona said.

Mocanu said when Nutting was hired, the settlement negotiation started.

Manglona stated that “maybe Nutting had connection with the Attorney General at that time.”

In appellee Malite estate’s brief, Mocanu argued that Atalig and Yana had the burden to either prove that the contingent fee agreement was valid, or in the alternative that their billings were reasonable.

“They have done neither,” Mocanu said.

Mocanu said the contingent fee agreement is clearly unconscionable as it was obtained by coercion, unsupported promises, and the withholding of necessary information.

“Most importantly, the risk involved—little to none—bore no relation to the fees the attorneys stood to receive from a settlement they knew was a sure thing,” he said.

Mocanu said appellants engaged in clearly excessive billings, block billings, all of which were reconstructed after the fact in order to justify a fee that was fraudulently received and quickly squandered and hidden.

“The great weight of the evidence reveals a systematic pattern of lies, half-truths, and after-the-fact justification for egregious behavior,” Mocanu said.

He said this is the fourth and fifth time the appellants have had to create a record and bring at least a scintilla of evidence to support any of their contention.

He said there is, in fact, no evidence to support a finding that there was a valid contingent fee agreement or that the fees sought by appellants are reasonable.

He urged the high court to affirm the probate court’s findings and deem the contingent fee agreement void.

In his findings and final judgment issued in 2012, Govendo said after applying the factors listed in Rule 1.5 of the Model Rules of Professional Conduct, he finds that Atalig’s and Yana’s attorneys’ fees charged in this case are excessive and unreasonable.

Govendo said he finds that a total of $75,525 in attorneys’ fees is reasonable. The judge explained in his findings the breakdown of the $75,525.

The judge ruled that the prior judgment of $1,288,500 awarded to Atalig and Yana is reduced to $1,212,975.

Govendo made the findings after an evidentiary hearing on Feb. 3, 2012.

The evidentiary hearing was held because the CNMI Supreme Court remanded to the Superior Court for a determination as to the reasonableness of attorneys’ fees.

According to court records, after MPLT paid the Malite estate $3,450,000 in settlement for a parcel of land, Atalig and Yana sought $1,138,500 in attorney’s fees.

After Lizama awarded the $1.1 million fees to Atalig and Yana, Malite heirs filed a motion arguing that the fees were unjustified and needed to be returned.

In response, Govendo ordered the two lawyers to temporarily return the money to the court pending a final determination on the appropriate fee award.

When Atalig and Yana refused, Govendo held them in civil contempt and threw them in jail until they complied. Govendo subsequently held that Atalig and Yana were not entitled to any attorney fees.

Atalig and Yana appealed to the Supreme Court. The high court freed the two on Dec. 24, 2009.

In December 2010, the high court ordered the Superior Court to conduct a hearing on the appropriate amount of attorney’s fees to be awarded Atalig and Yana for work they performed for the Malite estate.

The high court ruled that when Atalig and Yana failed to comply with Govendo’s order, Govendo was permitted to find them in contempt and incarcerate them.

In May 2012, then-Superior Court Associate Judge David Wiseman ordered the suspension of Atalig and Yana from practicing law in the CNMI for misconduct with regards to their refusal to return $1.1 million in attorneys’ fees.

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Superior Court Associate Judge Joseph N. Camacho stated yesterday that since 2014, only 15 of the cases he has handled have been appealed and that the CNMI Supreme Court has issued only six out of those.

Camacho said the six cases are categorized as “other” because they involved procedural matters outside the merits of the case.

Camacho said four Supreme Court opinions upheld his rulings and one was voluntarily dismissed by the parties.

The judge also pointed out that of the cases that went to trial and parties appealed, the Supreme Court has not issued any opinion.

As of 2014, Camacho conducted 14 jury trials and 31 bench trials, for a total of 45 trials.

The judge disclosed the results and status of the cases that were appealed in his response to the Office of the Attorney General’s evaluation on the criminal appellate record—that of the 14 times the Supreme Court reviewed his rulings, the high court reversed or vacated his decision-making 12 times.

According to OAG’s evaluation, provided to Saipan Tribune on Monday, since June 25, 2014, the high court decided 29 criminal cases and that 14 of those were Camacho’s cases.

The evaluation also showed that of the 29 criminal cases, the high court reversed or otherwise vacated all or a portion of any Superior Court judge’s decision 17 times.

The OAG evaluates the criminal appellate record of judges who are up for retention on the bench. Camacho is seeking retention this Nov. 8 election.

Asked for comment about OAG’s evaluation, Camacho said the parties to a case have a right to appeal their case. When a party exercises his/her right to do so, there is no negative connotation.

“It just means that they are exercising their right to appeal. That is our system of law. Appeals may take several months to be resolved,” he said.

At present, of the four judges, Camacho handles the most cases such as all on Rota, half of the cases on Tinian, and his share of criminal and civil cases on Saipan. In addition, he also handles traffic cases and probate court.

Camacho also presides over the most number of trials.

Camacho said statistically, the more cases a judge handles means that numerically the number of cases appealed also increases.

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On Oct. 24, 2016, the Supreme Court issued its decision in Commonwealth v. Erwin Togawa. The High Court reversed Togawa’s convictions and remanded the case for a new trial because the trial court abused its discretion by improperly admitting hearsay testimony and a past recollection recorded.

The Commonwealth charged Togawa with one count of assault and two counts of disturbing the peace for allegedly threatening a victim with a knife. Following a bench trial, the trial court convicted Togawa of one count of assault and one count of disturbing the peace.

Togawa appealed his conviction, arguing that the trial court erred in admitting improper hearsay evidence under NMI Rule of Evidence 803(3), improperly allowing a petition for a temporary restraining order to be read into the record as a past recollection recorded under NMI Rule of Evidence 803(5), admitting improper character evidence under NMI Rule of Evidence 404(b), and by allowing the prosecution to ask its witness improper leading questions. Togawa also asserted that even if the individual errors were harmless, the cumulative weight of the errors required reversing his conviction. In response, the Commonwealth argued that the evidence was properly admitted, that Togawa had failed to properly preserve his objections, and that even if there were errors, they did not change the outcome of the trial.

The Supreme Court first reviewed the admission of testimony surrounding the alleged victim’s then state of mind, and found that the trial court erred by allowing testimony that exceeded the limits of the NMI Rule of Evidence 803(3) exception. Specifically, the High Court determined that testimony about the alleged victim’s statements by the police officers went beyond the exception because they did not simply address the alleged victim’s state of mind, that she was scared, but the reason for that fear, because she alleged Togawa had threatened her with a knife. The court held that although testimony that the alleged victim was afraid at the time she filed her complaint against Togawa may have been admissible under Rule 803(3), any testimony pertaining to the reasons for her emotional or mental condition was inadmissible.

Next, the High Court reviewed whether the Commonwealth had adequately established the foundational requirements necessary to admit a petition made by the alleged victim as a past recollection. The court concluded that, because the Commonwealth offered contradictory dates and failed to elicit testimony from the witness that she remembered the petition’s preparation or had reviewed its contents, the trial court abused its discretion by allowing the petition to be read into the record.

Finally, the High Court considered whether these errors, when taken together, could be considered harmless, meaning they did not affect Togawa’s substantial rights. Because of the nature of the evidence, the High Court concluded that the errors could not be considered harmless beyond a reasonable doubt. As a result of these errors, the Supreme Court vacated Togawa’s convictions and remanded the case to the Superior Court for a new trial.

The Supreme Court’s full opinion is available at http://www.cnmilaw.org/supreme16.html. (NMI Judiciary)

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A broken water pipe at the House of Justice on Saipan resulted in the closure of the local courts yesterday at noon.

The courthouse will resume regular business hours today, Thursday, according to CNMI Supreme Court Chief Justice Alexandro C. Castro and Superior Court Presiding Judge Robert C. Naraja.

In their notice, Castro and Naraja did not indicate why the water pipe broke.

Deputy Director of Courts Sonia A. Camacho said that building superintendent Gerald Weaver and his crew were fixing the water pipe.

Camacho said she does not know what caused the water pipe to break and that she’s still waiting for an update of the repair work from Weaver.

As a result of the water pipe situation, the offices and restrooms at the House of Justice had no water. It’s not clear whether there was flooding in certain parts of the building.

Superior Court hearings set in the morning pushed through, but those set in the afternoon were cancelled.

A Customs Division Academy class presentation yesterday before Superior Court Associate Judge Joseph N. Camacho’s courtroom was moved to the Northern Marianas College Building G2.

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A Bangladeshi national who was found deportable from the CNMI based on his 2011 conviction of marriage fraud was actually convicted of a crime that no longer existed at that time, according to Bashar’s new counsel, Janet H. King.

King said that Mohammad A. Bashar’s conviction is invalid for lack of jurisdiction and violates his constitutional right to due process and effective assistance of counsel.

Bashar, through King, filed last week a motion asking the Superior Court to set aside his plea and vacate his conviction and sentence.

King said she only recently discovered the error and has brought the motion at the earliest opportunity.

Bashar’s motion will be heard before Presiding Judge Robert C. Naraja on Dec. 15 at 1:30pm.

King said that Bashar’s plea, conviction, and sentence should be set aside as invalid because they are based on a statute that had already been repealed.

Bashar pleaded nolo contendere (no contest) to marriage fraud—under 3 CMC Section 4366—in February 2011. The court accepted his plea and a judgment of conviction was entered shortly thereafter.

King said 3 CMC Section 4366 was repealed in February 2010—a year before the plea.

King said Bashar’s prior attorney failed to advise Bashar that the statute had been repealed.

“These errors resulted in prejudice to Bashar, who was convicted and sentenced under the repealed statute and is being subjected to immigration removal proceedings,” the lawyer said.

King said Bashar’s other retained lawyer in his removal case also never advised him about the repealed statute.

Last July, King brought Bashar’s case to the U.S. Supreme Court as the defendant insisted that he was innocent of the charges and that he was provided ineffective assistance of counsel.

King said her purpose is to correct a manifest injustice to Bashar resulting from his plea and conviction for marriage fraud, after the statute criminalizing marriage fraud had been repealed.

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The Commonwealth Development Authority is suing former Board of Education teacher representative Ambrose Bennett, his tricycle dealership company, and former Superior Court associate judge Juan T. Lizama for allegedly not paying a commercial loan plus accrued interest, penalty charges, legal fees, and costs totaling $39,828.49.

Lizama is a co-defendant as it was the former judge who allegedly executed a fee simple mortgage to secure the amounts Bennett and his Lil & Bro’s Trike Dealership & Rentals owe under a promissory note.

CDA, through Jennifer Dockter, asked the Superior Court to rule against Bennett and Lil & Bro’s Trike Dealership & Rentals, in the principal of $34,162.33 plus accrued interest of $3,242.08, plus penalty charges of $904.16, plus legal fees and costs of $1,519.92, plus any additional amount of accrued interest and late charges.

Bennett said yesterday he is thankful to CDA for the loan “but it is just unfortunate that the economy was terrible at the time” he opened his company. Bennett said he also had a heart attack and developed cancer.

Bennett said he admits the principal amount but protests the interest.

“I hate that it had to end this way,” he said.

As of press time, Saipan Tribune was still waiting a reply from Lizama for comments.

CDA asked the court that the mortgaged interest in the real property be sold.

CDA asked the court that Bennett, Lil & Bro’s Trike Dealership & Rentals, and Lizama be foreclosed of all equity or other interest they may have in the mortgaged property.

CDA requested the court that all mortgaged chattels be seized and sold by CDA.

Proceeds of any sale will be applied for payment.

CDA also sought court’s judgment that it be allowed to execute against Bennett and Lil & Bro’s Trike Dealership & Rentals for any deficiency after applying all the proceeds of all sales.

DA extended a direct commercial loan of $61,000 to Bennett and Lil & Bro’s Trike Dealership & Rentals on April 1, 2011.

In Bennett’s promissory note, he agreed to repay the loan, plus interest at 7 percent per annum. Bennett agreed to repay the loan in monthly installments, beginning Aug. 1, 2011, and continuing until the loan was paid in full on July 1, 2014.

According to Dockter in the complaint, Lizama executed a fee simple mortgage to secure the amounts Bennett and Lil & Bro’s Trike Dealership & Rentals owes CDA under the promissory note.

Dockter said Lizama mortgaged to CDA his interest in the real property containing 1,186 square meters of land. This was recorded on May 10, 2011 with the Commonwealth Recorder.

In addition to the real property mortgage, Bennett and his dealership executed a security agreement (chattel mortgage) using some items to secure the amounts it owes CDA under the promissory note.

Dockter said the items include 2001 Mazda MPV passenger wagon; one Trojan-1 300-trike; two Chita 300-1 trike; two Trojan-2 150-C trikes; four Bob Bat-1, 150-9 trikes; four Rocker-3, 150-8 CA trikes; and 15 Puma, 150-7 trikes.

Dockteer said other items are all current and newly acquired furniture, fixtures, equipment, machinery, inventory, merchandise, supplies, new trikes, and general tangibles.

The lawyer said the security agreement (chattel mortgage) was recorded on May 10, 2011 with the Commonwealth Recorder.

Dockter said in addition, and in order to obtain the loan, Bennett and his dealership executed receivables and inventory security agreement using some items to secure the amount it owes CDA under the promissory note.

Dockter said Bennett and the company have failed to make the promised monthly payments and have failed to abide by the terms of the note, loan, mortgages, and security agreements.

Dockter said that Bennett has defaulted on the loan and breached the conditions of the note, loan, mortgages, and security agreements.

Dockter said it’s more than 30 days have passed since Bennett, the dealership, and Lizama received the notice of default.

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Chief Solicitor James M. Zarones, who has signified his intention to leave the Office of the Attorney General, has asked the Superior Court to dismiss the traffic case filed against him, asserting that the OAG Criminal Division’s defiance of a court order has resulted in an unnecessary delay in bringing him to trial.

Zarones also filed an opposition to the OAG Criminal Division’s emergency motion to reconsider Superior Court Presiding Judge Robert C. Naraja’s order that directed the OAG to appoint a special prosecutor to handle the traffic case filed against him. He said the emergency motion is frivolous.

In his motion to dismiss, Zarones who is representing himself, argued that the traffic infraction must be dismissed because he is no longer being lawfully prosecuted.

Zarones pointed out that the OAG’s Criminal Division failed to appoint a special prosecutor on or before Nov. 7, 2016, as Naraja had ordered.

Therefore, the chief solicitor said, as of Nov. 8, 2016, assistant attorney general Jonathan Robert Glass Jr. and all other assistant attorneys general were deprived of their authority to prosecute him.

Zarones asked the court to dismiss the case.

Had the OAG’s Criminal Division complied with the court’s orders, then the matter may have been settled some time ago, Zarones said.

As it is, Zarones said he has been, and continues to be, deprived of a prosecutor who has the lawful authority to settle the case, provide discovery, or take any other action on behalf of the government.

Zarones said the OAG’s Criminal Division seeks to place itself above the law, while simultaneously laying claim to its mantle of constitutional authority.

“All of this for what is normally a $25 fine. The Criminal Division’s actions are illegal, unconstitutional, and unethical,” he said.

In his opposition to the OAG Criminal Division’s emergency motion, Zarones said if assistant attorney general Jonathan Robert “Robby” Glass Jr. felt that Naraja misunderstood the government’s position in this matter, then he was free to say so at the time.

Zarones said Glass did not say so because there was no misunderstanding.

Zarones said the motion was not filed within the time limit; it did not provide the court with the applicable standard of review; and it did not meet the standard of review.

Moreover, he said, the motion is factually inaccurate and is easily disproven by the text of the transcript during the hearing before Naraja.

Glass has insisted that the OAG can continue to prosecute the case against Zarones.

Glass said no motion for recusal or disqualification of the OAG has been made and no hearing has been held which would disqualify the OAG from prosecuting the matter.

Zarones, who is a lawyer employed with the OAG, is accused of violating 9 CMC Section 5352(a) or failure to yield the right of way to another motorist. The traffic citation was issued by a police officer on Oct. 5, 2016.

Associate Judge Joseph N. Camacho set a hearing on defendant’s motion for bench trial for today, Thursday, at 1:30pm.

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Matthew Holley was appointed Friday as special prosecutor to handle the traffic case against Office of the Attorney General Chief Solicitor James M. Zarones.

Superior Court Associate Judge Joseph N. Camacho ordered the OAG to pay Holley at his regular hourly rate.

On Friday, Superior Court’s clerk of court Patrick V. Diaz had requested to be recused as his family member is a potential witness.

The day before, Camacho disqualified the OAG from prosecuting Zarones, saying the OAG cannot prosecute its own.

Camacho ordered the clerk of court to go through the list of NMI Bar members and see if anyone is willing to be a special prosecutor in the case.

Assistant attorney general Jonathan Robert Glass Jr. has asserted that the OAG’s Criminal Division has not committed any ethical violations, nor has it violated the rules of professional conduct in prosecuting the traffic case against Zarones.

Glass said the government has sought a lawful motion to reconsider Superior Court Presiding Judge Robert C. Naraja’s order pursuant to the rules as well as CNMI Supreme Court precedent.

Naraja’s minute order directed the OAG to appoint a special prosecutor to handle Zarones’ traffic case. The OAG then moved for reconsideration of Naraja’s order.

Zarones’ last day as an employee of the OAG Civil Division will be on Dec. 26, 2016.

Zarones is accused of failing to yield the right of way to another motorist. The traffic citation was issued by a police officer on Oct. 5, 2016.

The bench trial will be on Dec. 21, 2016 at 2:30pm.

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The federal court has forfeited to the U.S. government the two guns and ammunition that were seized from Herman P. Santos, an ex-convict who entered a guilty plea to an indictment that charged him with two counts of felon in possession of a firearm and ammunition.

U.S. District Court for the NMI Chief Judge Ramona V. Manglona issued the forfeiture as a result of Santos’ guilty plea and the plea agreement.

Manglona ordered that Santos shall relinquish to the U.S. all right, title, and interest in one Harrington and Richardson .32 caliber revolver, one Savage Arms 410/22 “over and under” firearm, three rounds of .32 caliber ammunitions, 11 rounds of .22 ammunition, and two .410 shotgun shells.

The judge ordered the return to Santos any additional funds and/or items that were confiscated at the time of his arrest.

According to the indictment, Santos, having been convicted of a crime punishable by imprisonment for a term of exceeding one year, knowingly possessed a Harrington and Richardson model 732 .32 caliber revolver and three rounds of .32 caliber ammunition, on Dec. 6, 2015.

Santos was also allegedly found in possession of a Savage Arms Model 24 410/22 “over and under” firearm and 11 rounds of .22 ammunition and two .410 shotgun shells, on June 3, 2016.

According to Superior Court records, the Dec. 6, 2015 incident stemmed from the arrest of Santos for allegedly pointing a handgun at two men he accused of beating up his father at a poker establishment in Garapan.

Police officers later checked the back of Santos’ house, where they recovered a .32 revolver handgun with three bullets in the cylinder. That same day, Dec. 6, police arrested him.

In January 2016, the Superior Court dismissed the amended information charging Santos with two counts of assault with a dangerous weapon, upon the Office of the Attorney General’s request.

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Gov. Ralph DLG Torres is hoping to finally name the replacement for former Superior Court associate judge David A. Wiseman within the week. Wiseman’s post had been vacant for eight months now since he retired in May last year.

Only four judges remain on the bench led by Presiding Judge Robert C. Naraja, and associate judges Kenneth L. Govendo, Joseph N. Camacho, and Teresa K. Kim-Tenorio.

Torres said that he is only waiting for the nominee’s reply on the offer to be elevated to the bench. “I’ve already asked the person and the answer was supposed to be last week. Hopefully this Friday.”

He said the nominee could have decided to delay in making a decision because of the holiday break. He is hoping the person could finally give him an answer by Friday. “If not, then we have to move on and check another person.”

Fourteen had shown interest in Wiseman’s former post and submitted their respective credentials to the administration. It was narrowed down to four after reviewing each candidate and consultations made with the CNMI Bar Association, lawyers, and other members of the community.

“Choosing Judge Wiseman’s replacement is not an easy task. We have to know the candidates’ background. Overall demeanor, personality, legal work, and prior cases are some of the guidelines that we set,” said Torres in an earlier interview.

He is keeping the name to himself and declined to even give a hint of the candidate.

Article IV, Section IV of the CNMI Constitution states that a “justice or judge shall be at least 35 years of age, a citizen or national of the United States, have resided in the Commonwealth for at least five years before appointment, never have been convicted of a felony or any crime involving moral turpitude, and been a member of the Commonwealth bar for five years.

Section V states the CNMI Senate will confirm the governor’s appointee and if confirmed the new judge will have a six-year term and a justice for eight years. The name of the judge or justice will then be placed on the ballot in the general election where the people would vote “Yes” or “No” to retain him or her to the post for another six-year term for a judge and eight years for a justice.

Wiseman informed then governor Eloy S. Inos of his retirement, effective May 2016, as CNMI Superior Court associate judge last October. He was the longest serving Superior Court judge, being on the bench for 15 years.

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A man who was arrested twice last year on charges of domestic violence and repeatedly punching the window of a car being driven by a minor has pleaded guilty in Superior Court.

Jiro Kazuo Takai, 22, pleaded guilty on Tuesday to assault and battery-domestic violence and disturbing the peace as part of a “global” plea agreement.

Associate Judge Kenneth L. Govendo said that Takai will be sent to prison during his sentencing on March 28, 2017.

As part of the plea deal, assistant attorney general Jonathan Robert Glass Jr., counsel for the government, dropped the charge of robbery and disturbing the peace involving a minor.

Govendo ordered the Office of the Adult Probation to prepare a presentence investigation report as soon as possible.

According to the factual basis of the plea agreement, Takai punched his then-girlfriend in the face, causing her bodily harm and to be scared, on Sept. 27, 2016.

The victim suffered multiple injuries and could barely walk because of pain after Takai beat her up during their argument at his residence in Kannat Tabla, police said.

Takai was arrested last October. He subsequently posted bail. The following month, police arrested him again, this time for allegedly chasing a car being driven by a minor and repeatedly punching the window after she refused to open the door.

The 16-year-old girl was panting and her hands were shaking as she and her companion approached a police officer for help. Her 15-year-old male friend, who was her passenger, was also panting, police said. The two minors were on their way to school at that time.

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The CNMI government is suing the owners of cargo ship M/V Luta for allegedly refusing to return the $400,000 in public funds that was loaned to them for the vessel’s operations.

The government, through the Office of the Attorney General, is suing Luta Mermaid LLC and its managers/shareholders Abelina T. Mendiola, Deron T. Mendiola, Fidel S. Mendiola III, and Fidel Mendiola Jr. for unjust enrichment, conversion, and other claims.

Lt. Gov. Victor Hocog and Finance Secretary Larrisa Larson were not among those named defendants in the government’s lawsuit.

Former Department of Public Lands secretary John DelRosario had sued Hocog and Larson in their personal and official capacities for handing over $400,000 in government funds for the operation of M/V Luta.

Last December, Superior Court judge pro tempore Timothy H. Bellas dismissed the claims against Hocog, ruling that Hocog’s conduct was covered by legislative immunity.

In the government’s lawsuit filed on Tuesday, assistant attorneys general Christopher M. Timmons and Martin de los Angeles asked the Superior Court to enter a judgment for $400,000 in favor of the CNMI government.

The prosecutors asked the court to order an accounting of the funds the defendants received from the government and to stop the M/V Luta owners from transferring or wasting any property or asset that can be traced to the government’s money.

The prosecutors also asked the court to stop the defendants from removing M/V Luta from the CNMI.

According to the government’s complaint, the Rota Legislative Delegation adopted Rota Legislative Delegation Resolution 19-3 on March 20, 2015, to authorize the Finance secretary to “pay for fuel, lubrication, and costs necessary for the maiden voyage of M/V Luta from Louisiana to Rota and to provide for the personnel and operational costs of the Office of the Mayor of Rota.”

Hocog, who was Senate president at that time, participated in drafting and the adoption of that resolution.

Resolution 19-3 expressed the will of the Rota delegation that the Finance secretary be authorized to loan $400,000 to the ship’s owners, with the amount to be repaid within one year.

On March 27, 2015, two days after being notified by the Rota Legislative Delegation that Resolution 19-3 had been adopted, Larson remitted $400,000 from the general fund to the defendants’ bank account.

Because of this transfer, the defendants allegedly received public funds without legal authorization.

On Jan. 17, 2017, Larson asked the defendants to repay the $400,000.

On Feb. 1, 2017, in a letter from the defendants to Larson, dated Jan. 31, 2017, they admitted to receiving the funds, the prosecutors said.

The prosecutors said the defendants admit in the letter that the funds were deposited into their account on March 30, 2015, without any agreement about repayment.

The defendants have not entered into any contract of any kind with any government agency for the repayment of the $400,000, they said.

The prosecutors said the defendants have not agreed to use the public monies it received from the government for any public purpose and have made no payment to the government.

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The heirs of Maria Mangabao want the CNMI Supreme Court to compel the Finance secretary to pay them the court judgment entered in 2008 over the taking of their land in Chalan Kanoa in 1993.

The amount has now ballooned to $18.8 million.

They said the Commonwealth has not paid a cent to satisfy the judgment, which continues to grow at a rate of $2,886 per day.

The CNMI actually allocated $15 million for the payment of judgments but none of this had been paid to the Mangabao heirs, according to the heirs’ lawyers, Edward C. Arriola and Michael W. Dotts

An additional amount of $6,032,692 is also available for payment of the judgment, Arriola and Dotts said, but unless compelled to pay, the government has no intention of doing so.

The lawyers said the heirs have no other option but to go to the high court.

All judges in the Superior Court have recused themselves from handling the case.

Arriola and Dotts said Guam Presiding Judge Alberto C. Lamorena has been appointed to oversee the case, but the judge has been unable to act.

“Time waits for no man. The funds are available. Payment is long overdue,” they said.

While the case languishes, the heirs have grown old, many have passed away, and the heirs need the money to pay for their basic needs, the two lawyers said.

They said the people of the CNMI can avoid this continuing accrual of $2,800 daily interest if it is paid.

Arriola and Dotts said a writ of mandamus is the remedy.

Last month, the Office of the Attorney General asked the court to give the CNMI government more time to come up with a payment plan.

The land in question consists of 6,000 square meters.

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Superior Court Associate Judge Teresa Kim-Tenorio, third from left, poses with CNMI drug court staff and partners after a drug court hearing on Feb. 2, 2017. Others in photo are, from left, Corrections Commissioner Georgia Cabrera, Community Guidance Center’s Ed Camacho, Northern Marianas College intern Alvin Tagabuel, assistant public defender Cindy Nesbit, drug court case worker Jaclyn T. Mendiola, drug court manager TaAnn Kabua, assistant attorney general Chester Hinds, Superior Court law clerk Jackie Nicolas, and Superior Court deputy clerk Kristy Diaz. Not in photo are Department of Public Safety representatives lieutenant Paul Ogumoro and officer Fred Sato. (Contributed Photo)

In December 2016, the Superior Court’s Drug Court Division began accepting referrals and participants into its program.

The drug court was founded on the premise that many addicts are arrested for behavior related to their addictions and engages participants in a model and structure that is supportive of success in recovery.

The CNMI Judiciary and the drug court team have worked tirelessly to create a program that incorporates drug dependency treatment with continuous judicial supervision.

The drug court team is composed of the judge, manager, caseworkers, and representatives of the Office of the Attorney General, Office of the Public Defender, Department of Public Safety, Department of Corrections, and designated treatment providers such as the Commonwealth Healthcare Corp.’s Community Guidance Center. The mission of the drug court is to address substance use and drug-related criminal activity with a multidisciplinary approach that integrates evidence-based and culturally sensitive treatment services.

The drug court’s progress was made possible by the support of community leaders and stakeholders. The drug court team acknowledges and thanks Gov. Ralph DLG Torres, the Legislature, and contributing agencies for their support of drug court and those impacted by substance use addiction.

If you or your agency is interested in learning more about the drug court or being a community resource, contact drug court manager TaAnn T. Kabua at tkabua.dcp@gmail.com. (PR)

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U.S. District Court for the NMI designated judge Frances Tydingco-Gatewood has disbarred lawyer Stephen C. Woodruff from practice of law before the federal court.

In her order on Thursday imposing reciprocal discipline, Tydingco-Gatewood said that Woodruff was given fair notice and an opportunity to be heard by the CNMI courts.

The judge’s order shall be effective 30 days after Thursday when it was entered.

Woodruff is already barred from practicing law in the CNMI Superior Court.

Tydingco-Gatewood said there is no such infirmity of proof as to give rise to a clear conviction that the CNMI courts judgment cannot be accepted as final, and that no grave reason exists not to impose the same discipline in federal court.

Woodruff is not allowed to accept any new retainer or engage as the attorney for another in any new case.

However, during the 30-day period, Woodruff may complete on behalf of any client all matters which were pending on the entry date.

Within 10 days, Woodruff is required to notify and advise clients about the disciplinary action. He may not apply for reinstatement until at least two years.

Tydingco-Gatewood ordered the clerk to publish the notice of disbarment in local newspapers.

On June 7, 2013, Superior Court then-associate judge David A. Wiseman disbarred Woodruff for 44 violations of the Model Rules of Professional Conduct. The CNMI Supreme Court affirmed the disbarment in 2015.

On Jan. 22, 2016, the district court notified Woodruff that it intends to impose reciprocal discipline.

Since then, Woodruff’s case has dragged on through the CNMI and federal judiciary until Feb. 10, when the district court held the reciprocal-discipline hearing.

Woodruff asserted that “the imposition of reciprocal discipline, particularly the sanction of disbarment, would be unwarranted and unjust.”

In her disbarment order, Tydingco-Gatewood said the problem with Woodruff’s argument is that the CNMI gave him the notice and opportunity to be heard yet Woodruff simply failed to avail himself of them.

The judge pointed out that she reviewed all the filings and orders in the Superior Court disciplinary case and finds no fundamental unfairness in the process.

Tydingco-Gatewood pointed out that Woodruff admitted to receiving service of the initial complaint and the first amended complaint.

The judge said Woodruff’s excuse for failing to respond was that he failed to record the date of service of the first amended complaint and “never became mentally clear on when my response was due”—despite the fact that the prosecutor had expressly noted on the first page of the first amended complaint that a response would be due 10 days after service.

The Superior Court judge denied Woodruff’s motion, saying his reason did not amount to excusable neglect or other good cause.

Tydingco-Gatewood stated that what she sees is an attorney blaming everyone except himself for his own lack of diligence.

“He is a busy man with many obligations; his staff failed to mark down the date of service; the Commonwealth Supreme Court did not give him the extra time he needed,” the judge said, adding that this pattern repeated itself in the reciprocal-discipline action.

Tydingco-Gatewood said the district court gave Woodruff until Jan. 14, 2017, to file a written memorandum in opposition to the imposition of reciprocal discipline.

On Jan. 12, 2017, Woodruff asked for two more weeks. The district court gave him one week.

Woodruff missed the Jan. 20 deadline and submitted a memorandum on Jan. 22.

The district court struck the memorandum, but allowed Woodruff to refile it, if accompanied by a declaration showing good cause.

In the accompanying declaration, Woodruff bemoaned the fact that the court had not found his reasons for a two-week extension to be sufficiently compelling.

“As anticipated, I had little time in the following week to complete the memorandum. I did not review the order, which I had read quickly when issued, and failed to recall the 3pm deadline. I ultimately ended up removing whole sections I was able to complete, before finally submitting the document to the court,” Woodruff said.

Tydingco-Gatewood said these are similar to reasons Woodruff made for missing the deadline to respond to the first amended complaint—blaming the court for failing to appreciate how busy he was and laying any deficiencies in the quality of the memorandum at the court’s feet.

“Once again, with his privilege to practice law at risk, he missed a deadline by failing to pay it the attention it deserved,” the judge noted.

Tydingco-Gatewood said Woodruff’s failure to attend to his own disciplinary cases mirrors the misconduct alleged in the first amended complaint.

Tydingco-Gatewood said a client’s green card application was denied when respondent failed to reschedule an interview with U.S. immigration authorities.

In one labor case, the judge said, Woodruff failed to file additional documents required to perfect an appeal.

“These and other cases show a pattern of lack of diligence and failure to communicate that caused substantial harm to clients,” the judge said.

Tydingco-Gatewood said the same pattern showed itself in Woodruff’s conduct in his reciprocal-discipline case.

Last February, the court took Woodruff at his own word that he would be petitioning for certiorari.

“That expectation was misplaced,” said Tydingco-Gatewood, adding that Woodruff also failed to inform the court when he was disbarred by the Hawaii Supreme Court and when he was suspended from practice before the U.S. Supreme Court.

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A rookie police officer accused of beating up his wife, another police officer, pleaded guilty yesterday in Superior Court as part of a plea deal.

The 38-year-old Ramon Saures Kaipat pleaded guilty to assault and battery, which carries a maximum sentence of one year in prison.

Kaipat, who appeared with his court-appointed counsel, Rosemond B. Santos, waived the presentence investigation report. He will be sentenced on April 5 at 9am.

Associate Judge Joseph N. Camacho noted that Kaipat has a prior conviction for assault and battery.

Kaipat will remain detained pending his sentencing.

Assistant attorney general Heather Barcinas appeared for the government.

Kaipat was originally charged with assault and battery and disturbing the peace. The two offenses carry a total maximum sentence of one year and six months in prison.

Last week, the disturbing the peace charge was dropped, leaving only the assault and battery charge.

Kaipat hit his wife several times on the head and body using his hands and knees on Jan. 13, 2017, on Saipan.

Police responded to the Truongs parking lot on Beach Road in Susupe at 11:18pm after receiving a call about a disturbance.

Police learned that the couple had just come from a party for patrol officers at a hotel. While the wife was talking with her sister on the cellphone, Kaipat allegedly grabbed the phone and her hair and beat her up.

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