Judge urges FBI to prioritize testing of items in rape case vs Michael Jackson

Superior Court associate judge David A. Wiseman has asked the FBI to prioritize the testing of some items related to the criminal case filed against Michael Anthony Jackson, a 32-year-old ex-convict who is charged with kidnapping and rape of a female minor.

“While the court realizes that the FBI laboratory has an overwhelming workload and numerous priorities from around the country and their gratuitous assistance to the CNMI is most appreciated, we cannot allow this case to remain in a state of limbo,” said Wiseman in an order issued Monday.

The judge also expressed his appreciation for the services that the FBI has and continues to provide the CNMI.

The judge ordered the Office of the Attorney General to provide a copy of his order to officials of the FBI laboratory and other areas, informing them of his “respectful request” to try to prioritize the testing of evidence in this case or to inform the OAG when it may expect any results from the testing.

The OAG had charged Jackson with kidnapping, sexual assault in the first degree, and assault over the alleged rape of a 15-year-old girl on Saipan on Oct. 9, 2010.

During a status conference on July 20, assistant attorney general Tiberius Mocanu appeared for the government. Chief public defender Adam Hardwicke represented Jackson.

Wiseman tried to set the case for trial, but Hardwicke objected, arguing that there is potentially exculpatory evidence—evidence that could possibly exonerate Jackson—under the control of the government that has not yet been tested.

Mocanu disclosed that the FBI has several of these items for testing since October 2010.

In his order, Wiseman said that, as of this date, there is no indication that the items have been tested or, if they have, that any results are forthcoming. To date, Wiseman said, the only thing the government has received from the FBI are the results from the fingerprint analysis.

He said the other evidence not yet received consists of a rape kit and DNA samples collected from Jackson’s vehicle.

Wiseman reset the status conference to Sept. 28, 2011, at 9am.

Police said the female victim was walking along Tun Joaquin Doi Road in Finasisu on her way to her residence at 1am on Oct. 9, 2010, when Jackson forced the girl into his car.

Jackson brought the girl to an open field south of the Saipan airport bunkers where he allegedly raped her inside his vehicle.

After the rape, Jackson also allegedly forced the minor to smoke “ice.” The victim later managed to run away. Police arrested Jackson that night.

Jackson was convicted of burglary in 1998.