Victory for the First Amendment: Brian Kendall Vindicated

March 15, 2013

During the last days of former governor Benigno Fitial's tyrannical rule, an outspoken Saipan citizen, Brian Kendall, was arrested after a visit to the Governor's Office Building. He was arrested for making alleged threats against then governor Fitial and charged with making a terrorist threat against the governor and disturbing the peace.

It seemed clear to many at the time that it was a politically motivated and unjustified arrest. It seems clearer today.

At the time of the arrest, Fitial's then adviser John Joyner went on KSPN News and publicly claimed that when Brian was at the governor's office building he made threatening statements. Brian Kendall said he did not threaten the governor. From the Marianas Variety:
“I never said I was going to kill Fitial but I may have said ‘I’m surprised there’s not more armed public outrage at the governor’s back door,’ ” said Kendall.
In fact, as I wrote in a previous post, Fitial Reinforcing His Castle,  if Kendall actually made terroristic threats to the governor then he would have been immediately arrested. In fact, he was arrested the day after the alleged incident. He was arrested only after the police and Fitial thugs could coordinate the affidavits to justify the trumped up charges.

Now Joyner is admitting that he was coerced into making statements that ultimately led to Kendall's arrest. From the Marianas Variety:
Apparently, Joyner was “stunned” at the arrest of Kendall because he never told officers that Kendall directly threatened the life of Fitial as stated in the prosecution’s affidavit. 
In a round-robin telephone clarification campaign on Friday, Joyner himself phoned Kendall’s public defender Benjamin Petersburg and the prosecutor. 
During the conversations Joyner described a rash of interviews with police wherein they coached his language of the now debunked “terrorist” exchange in order to justify Judge David Wiseman’s signature on the arrest warrant.
The arrest of Brian Kendall appears to be one of the final vindictive acts from a flailing, narcissistic governor who was going down and wanted to take out anyone who he perceived as a contributor to his political demise. Fitial arranged for some political allies to get Glen Hunter fired from his private job and he appears to have played a role in the orchestrated the arrest of Brian Kendall. Both Hunter and Kendall were vocal opponents who called for Fitial's impeachment; both support the end of political corruption in the CNMI.

There should be a complete investigation into Brian Kendall's arrest. Any person in the governor's office who may have been involved in promoting this arrest should be thoroughly investigated, including the former governor's thug body guard and DPS officer Nekaifes, press secretary Angel Demapan, John Joyner and Benigno Fitial. Any person who attempts to quench a person's constitutional rights to freedom of speech with a false arrest should be prosecuted. I hope that U.S. officials investigate this case, where a violation of civil rights appears to have taken place.

Under Governor Fitial's rule, the CNMI Department of Public Safety was run as the governor's  private thug squad where officers were used to manipulate his corrupt agenda. Finally, under the direction of  newly installed police commissioner James Deleon Guerrero, the corrupt Department of Public Safety appears to be undergoing a cleanup. The commissioner supports getting rid of known drug user who are officers, which is a no brainer.

But there are other offenders currently employed by DPS who have to go, including those involved in violent domestic abuse and assaults. One of the most notorious thugs working at DPS is Jesse Dubrall
who brutally beat an innocent Chinese worker in a notorious false arrest case. He should not be employed by an agency tasked with protecting the public, nor should any of the other rogue cops.

The three officers, who were recently charged with serious offenses involving the escape of fugitive Edward Buckingham III, need to be terminated.

As for the case of the false arrest of Brian Kendall, hopefully, the corrupt officers who coached individuals to phrase their words to ensure an arrest will themselves be charged.  


Anonymous said...

This whole recent turn of events seems like something is missing, everything is not out leading to this recanting by Joyner.

First why did it take so long for this fool to finally come and recant his story and put the blame on someone else.

I do not believe that only now Joyner learned that Kendall was arrested. By all accounts, he was the one that originally called them along with his participating in subsequent interviews leading up to the arrest. (I don't remember if he made any statements to the news at the time of Kendalls arrest)

Is threatening a public official a Fed crime?
If so, could it be that the Feds have been looking into this arrest and have put some fear in Joyner because his story does not add up and he cannot remember what he said in the original police report?
Could this be the reason that he is placing the blame back on DPS? And most likely Fitial's body guard along with others.

Would Joyner be recanting his story now if he was still in the Gov. employ?

And Kendall is supposed to be Kendall's friend? Like all of the other Fitialites now that their "Father" is gone.
Everyone of them are now trying to do damage control and blaming every one else for their past actions.
It truly will be interesting on what actually comes out of this.
I wonder which attorney will pick up this case for Kendall and how far this will be taken.
I truly hope that some Fed charges will come out of this especially if they can add Fed charges against Fitial.

"The devil made me do it" is the cry from the Fitialites.

Anonymous said...

Someone got framed up.People involved into this mess must also be investigated. A waste of time and government resources. There will be a challenge in court proceedings. Wait and see how it gets ended. Anybody is innocent until proven guilty.

Anonymous said...

Brian suffers a mental disorder. Did he threaten a public official? Probably, but most likely he was off his medication or just having an episode. He has said several things , like "remove the cancer" etc, etc. Rest assured that if he made any type of threatening statements again Congressman Sablan he would have been approached by the FBI and not the local heat. The FBI take any verbal or written threats very seriously. The First Amendment does not mean you can say or write whatever you want.

Wendy Doromal said...

3:01 Wow are you wrong. A federal official threatened a citizen who reported it to the FBI. They did nothing!

Wendy Doromal said...

3:01 Wow are you wrong. A federal official threatened a citizen who reported it to the FBI. They did nothing!

Anonymous said...

Claiming someone has a mental illness with no proof is a false claim. Just because someone comments back with "remove the cancer" doesn't mean their mental state should be questioned but simply thought as another way of saying "this isn't healthy lets get rid of the problem" if I was to say a person is a "parosite"im not meaning lituraly just reffering to the similar mimic actions