Judge Wiseman Refuses Buckingham's Bail

March 1, 2013

Now that Superior Court Associate Judge David Wiseman has rejected the $50,000 bail that fugitive Edward Buckingham posted through his attorney Brien Sers Nicolas, will he return to the CNMI to face the court?

Wiseman wrote in his order:
“The posting of bail by defendant's (Buckingham) attorney when defendant is not in custody is not a procedure that can be found in any case, rule or statute of the CNMI, and furthermore, does not have any significance or consequence as to the pending case in its present procedural posture, and therefore, shall not be accepted.” 
It was reported that the judge vacated the order that set the March 18, 2013 arraignment date.

There are so many questions in this case:

  • Once the Iowa Governor receives the letter will Buckingham be arrested of he does not turn himself in? 
  • Would officials accompany him back to the CNMI to face the court if he is apprehended in Iowa? 
  • Would he be jailed in the CNMI until his arraignment because he is obviously a flight risk? 
  • Can Buckingham's wife, son and whoever else is protecting the fugitive be arrested as an accessory for harboring him?
It seems amazing that the highest law official in the land would so blatantly break the law and then continually try to rewrite the laws to avoid facing the charges. Judge Wiseman wrote that Buckingham “is not in custody, has not subjected himself to the jurisdiction of the court and cannot transform his status by a mere posting of money with the court as a circumvention or waiver of the personal jurisdiction that [the] court requires to proceed with the prosecution of [the] case.”

It would also be amazing if this attorney was able to continue to practice law.

I expect the DPS thugs who assisted Buckingham in his escape to be charged. Former Governor Fitial obviously was involved in the covert operation as phone records between him and the thug squad indicate. Will he too face charges?


Anonymous said...

You can't post bail if you haven't been arrested. Buckingham can get his $$ back from the court when he shows up in the NMI. Then he can put it towards bail to get out of the slammer. He's a fight risk and thumbed his nose at the court so my guess is that any bail would be more than$50,000.

Anonymous said...

As someone elsewhere stated, between Bucky and his NMI lawyer, it makes one wonder about their knowledge and proficiency.
Maybe Bucky was too ignorant to actually know that he was breaking many laws while he was the AG.
He worked under Fitial for so long AT Fitial's direction he lost his reasoning and still figures that he and these lawyers can do what they want and "create" their own laws as they go. (as did Fitial)
It is interesting though that Wiseman, in the past had "admonished" a few lawyers many times(including Bucky) during his court for improprieties and not following the law.
NOW Wiseman is still in the drivers seat in this instance.
I doubt if there is any love loss there. We shall never know as we do not know all what had been going on in the past between the courts and the AG office under Bucky's term..

Anonymous said...

In the CNMI legal community it is well known that Ed was told to leave Pohnpei or be suspended by the Pohnpei Law Bar. So where did he go? Good old Saipan to hide out and continue his inept activities.

Anonymous said...

Is LOWA governor preparing a cage to ship Bucky to CNMI? Story is getting developed.