Ex-convict’s bid to transfer his case to Guam is denied

The federal court denied yesterday a request to transfer to Guam the case of an ex-convict who is facing charges in the district court for the NMI for allegedly impregnating a female minor on Rota.

U.S. District Court for the NMI visiting judge William Q. Hayes ruled that the fact that Melvin David Diaz is from Guam does not weigh in favor of transferring the trial.

Hayes said that “criminal defendants have no constitutional right to have a trial in their home districts, nor does the location of the defendant’s home have ‘independent significance in determining whether transfer to that district would be in the interest of justice.’”

The U.S. government had charged the 49-year-old Diaz with three counts of enticement of a minor and one count of travel with intent to engage in illicit sexual conduct.

Diaz, through his lawyer, had argued that transfer is appropriate because he is from Guam, he is more likely to find a suitable third-party custodian in Guam, he could have the moral support of his family, and that some witnesses and records in the case will come from Rota, which is physically closer to Guam than it is to Saipan.

Diaz also argued that the District of Guam has an Office of the Federal Public Defender, whose lawyers are more experienced with criminal matters than is his present lawyer, and that transfer would give him the benefit of having his case permanently assigned to a full-time sitting judge.

In opposing the motion, the U.S. Attorney’s Office argued that transfer is inappropriate because Diaz will not be able to get a third-party custodian unless he can present new information pertaining to his “dangerousness” or risk of flight.

The U.S. government added that the alleged crimes affected the community of Rota and that the court should defer to the government’s exercise of prosecutorial discretion in deciding to bring the case in this district rather than in the District of Guam.

Hayes said factors such as location of witnesses, events, documents and records, counsel, and others do not weigh in favor of transfer.

Hayes said Diaz has not demonstrated that he has been or will be prejudiced if his case will be assigned to a visiting judge.

According to the indictment, between Aug. 1, 2010 and Sept. 30, 2010, Diaz traveled from Guam to the CNMI for the purpose of engaging in illicit sex with a minor.