Aldan Found in Contempt

June 2, 2010

Vicente Aldan, the violent criminal who assaulted his former common law wife last year was found in contempt of court for refusing to turn over the weapon as was a condition of his parole. He was scheduled to be released this week, but will now be held in prison.

Superior Court Associate Judge David Wiseman said that Aldan can no long have weekend furloughs, be in a work release program or enjoy any other type of temporary release. Aldan's wife, Dolores Mendiola Aldan had previously allowed Aldan to be free on for weekend furloughs when she was Commissioner of the Detention Center.

From the Marinas Variety reported:
Wiseman said contempt of court is an act or omission that interferes with the administration of justice, through the conduct that disobeys judicial orders, shows disregard and disrespect for authority and dignity of the law, or tends to embarrass, impede or obstruct the court in the performance of its functions.

Wiseman said the purpose of the law of contempt is to uphold and ensure unimpeded and effective administration of justice, secure the dignity of the court, and affirm the fundamental supremacy of the law.

He said the primary concern of the court is to ensure the safety of the community by removing Mr. Aldan’s firearm off the community which the defendant promised in court through the plea agreement, and subsequent visit to look for the handgun at the residence of his former partner last November, escorted by Tinian police officers.

“The court finds that defendant Aldan has not provided the court with a credible explanation of why he has failed to comply with this court’s orders…both of which required him to turn over the said gun,” Wiseman said, referring to the Nov. 9, 2009 and April 15, 2010 court orders.

Wiseman said the court is not persuaded by Aldan’s testimony “since no supporting evidence has been presented…to corroborate [his] story, which is disputed by the [eight] police officers [who testified in court].”

In addition, Wiseman said Aldan’s justifications for not being able to turn over the weapon conflicted with one another since at the time he entered into the plea agreement, Aldan stated that he would turn over the gun.
Judge Wiseman noted that the testimony of Aldan was inconsistent, not credible and there was no convincing evidence as to why he refused to hand over the gun. From the Saipan Tribune:
Aldan, 52, had pleaded guilty to assaulting his former wife in July 2009 on Tinian. On Nov. 4, 2009, Wiseman accepted the plea agreement and sentenced him to six months in prison without parole. Aldan was also ordered to surrender the gun he used in assaulting his ex-wife.

Aldan failed to surrender the gun and a contempt hearing was held on May 7, 2010 to May 13, 2010.

At the hearing, Aldan testified that when he was being escorted from the police station to the dock on Tinian to be transported to Saipan, he overheard two police officers say that they had recovered a loaded gun.

Eight Tinian officers testified, however, that the gun had never been recovered. The escorting officers testified that they had never spoken to each other about the gun being loaded or recovered.

Police recovered, however, two .22 long rifles and three pellet guns, but not the handgun.
Will Governor Fitial will commute his sentence?

3 comments:

Captain said...

The question, can the Gov. interfere in a contempt of court proceedings (legally)
One thing that I do know about Tinian cops, from the past, is that they all can follow a lie very well.
They will cover each other or they will be transferred to Saipan where they will have to actually do something as the "new kid on the block"
There are a few good cops there, but they will still all cover one another.There is too much "peer pressure" and contempt not to abide "by the rules".

Example,Look at the case with Patrick Maglona. The whole community knew about this but nothing was done at the time.
He stole the handgun from a fellow cop from her locker and sold it to his friend.
He would never have been gotten caught if his friend had not been caught drinking and target practice with the 9mm.
After the facts were known it took years for anything to be served on this guy, and not while he while he was still employed as a cop.
Only now he has been served and will be brought to trial after he was recently elected to the counsel.
It would also not be unusual for one of cops to have found the gun and to have taken it with out the others knowing it.

But I think there is credence in Wiseman's observation in this case.

But it still remains, where did the gun come from originally, did it come from Guam and who owned it before? (why has this not come out)
What is the real reason for not giving up the gun?
Who in the NMI is connected to this gun?
Could it be that some high ranking or politically prominent person is connected to this.
I think that this will turn out to be an interesting outcome on this.

Why can't the Feds get involved with this as it involves an unlicensed and illegal hand gun in the NMI.(but the gun may be registered in Guam or elsewhere)

Anonymous said...

How do we know if the gun is unlicensed or has an obliterated serial number or whatever if we don't have the weapon and its serial number to look at?

No, the Governor would have no standing to intervene in an ancillary proceeding (civil contempt) to a criminal case. That is the sole jurisdiction of the OAG.

Anonymous said...

There is a theme here. Tinian. Guns. Guns. Tinian. Cops. Guns. Tinian. Hello? Is Tinian our lawless outpost? What is going on down there?