Charged Guard Threatened Witness

June 15, 2010


Juvenile Detention Guard, Tyron Farley Reyes Fitial who was charged with deprivation of rights under color of the law, pleaded innocent yesterday. He was ordered to be held without bail by Visiting Senior Judge Consuelo Bland Marshall of the Central District of California.

At the hearing in the U.S. District Court of the NMI, U.S. Assistant Attorney Eric O'Malley's witness, FBI agent Hauejun Park, testified that Fitial is being investigated for yet another rape of a minor at the Juvenile Detention Center. Earlier the Marianas Variety quoted U.S. Assistant Attorney James Benedetto as saying three children were "involved in the case." This facility seems terribly unsafe and dangerous, to say the least.

According to Park, Fitial used "physical and verbal violence" against the child-victim in this case.

Park also revealed that Fitial who is said to be the nephew of the governor, had threatened a witness in a phone call that was recorded.

The Marianas Variety reported:
Marshall also granted O’Malley’s oral motion to give explicit orders to the Department of Corrections that Fitial should not be released or granted furlough in any way except for medical assistance, with prior notice to the court or the U.S. Marshal, or with the court’s approval.

Marshall also directed Fitial not to have any contact with any potential witnesses in the case.
Here is the judge's order.

You may recall that previously the Department of Corrections Commissioner was routinely granting furloughs even to Vicente Aldan, a violent criminal who refused to turn in a handgun. Additionally, the governor and the Board of Parole which is overseen by the Attorney General, has allowed the early release of some serious offenders. It is encouraging that while the CNMI DOC and OAG have been careless in ensuring the protection of the community lately some judge's have made it clear that there would be no furloughs or other means of release from prison in their recent orders.

Except for a cursory statement by the governor's press secretary Angel Demapan, there have been no statements from any CNMI official condemning the alleged behavior of this man or ensuring the community that there would be a complete investigation of the facility's policies and personnel to ensure the safety of those young people being held there. Where is the community outrage?

Judge to Sanction OAG

Meanwhile the CNMI Office of the Attorney General has been told by Associate Judge David Wiseman that it faces sanctions for the way it handles cases. The office has been under fire for incompetence and failure to adequately enforce the law.

The OAG dismissed the case of Joaquin Glenn Taman Rios who was charged by the AGO with one count of disturbing the peace, and one count of child abuse or neglect in October 2009.

The Marianas Variety reported:
“The Office of the Attorney General, in particular, its criminal division, is hereby placed on notice that the court will consider the pursuit of sanctions when appropriate for any such future handling of a criminal matter in this court.”

It appears that the government, Wiseman said, has only recently interviewed the witnesses and the victim, and based on such interview the AGO claimed that “they do not have a case based on the witness and victim’s statements.”

“The court would be remiss if it just granted the government’s motion to dismiss without expressing its concern that such practice in handling a criminal case by the prosecution leaves much to be desired and cannot and should not be tolerated,” Wiseman said.

6 comments:

Anonymous said...

This is the land of lawlessness. Keep your children close, especially girls with all the rapists out there.

Anonymous said...

Too funny that now the Judges have to specifically specify that a suspect and also convicted have to stay in jail, especially a Fed. prisoner.
But the Gov.feels the Feds are "picking" on him.
I wonder why? LOL

I wonder how many more in this DOC will fall?

Anonymous said...

Round -em all up. I can't wait until his fellow fed pen prisoners find out that he worked as a prison guard.....

Anonymous said...

There is still no sex offenders available on Saipan. It is federally mandated that it be released, but the AG's office has not completed it yet. Now, what makes this worse is the lenght of time this has dragged on.
In the Thursday, July 17, 2008 issue of the Marianas Variety the story headline was " NMI Sex Offenders list to be online". The CNMI was told to update the list pursuant to the Adam Walsh Child Protection and Safety Act of 2006. The article also indicates that there are more than 1,000 sex offenders on the list.
Qyote DPS Commissioner Clyde K Norita "We have the complete list of sex offenders with their photographs and we expect to see them on our new website as soon as we iron out some issues".

Two years later and nothing. My theroy? There are people on the list that the current administration would just as soon not be on the list. Actually, it is a big thing to POW POW here is the list. But it has to be done.

Five Rapes this year. Little Girls being taken from Laundromats. I don't know if any of these people are on the list, but that is the problem. Nobody does.

The real Shame? The list exists, it is just not being released.

Wendy said...

Anonymous 3:02

Where are the federal officials who enforce this federal requirement? Aren't they just as much at fault as the local government? Is it the US DOJ who should take action when the local government fails to follow this law? Ask the federal authorities where the list is because it appears that that the AG cares more about protecting the governor and his corrupt administration than protecting the community. Where are the CNMI legislators? Where are the parents of little girls? Where is the outrage? How incredibly disgusting.

I don't know who you are because you are anonymous, but if you really care, please pursue this with the U.S. authorities and write a letter to the editor so others can be encouraged to do something to protect the children and women. Soon there will be no tourists left in the CNMI because of the sleaze, the high crime rate combined with lack of enforcement, and the reputation of the government for allowing furloughs and early release of dangerous prisoners. It makes me sad to see what is happening to such a beautiful place with so many wonderful people..

Captain said...

Wendy (3:02)You are so correct. I think many of us have not really paid attention about this and maybe should make an outcry and see if anybody from the appropriate agencies will listen.
Maybe Jane, or Pam have an insight and legal course on what you have stated.
I agree that it is really imperative to know who the people are and where they are living.
I do not condone "harassing" these offenders. Many maybe caught in a legal requirement that technically does not really qualify as a legitimate "sex Offender", but all of these people should be known as this is a small community and all would be known by any long time resident and "local" families.
If this list was kept updated, and there were any good detectives,they could review the list and maybe it would make their investigation easier. (there are a couple of "good men" left in the DPS, but not many.