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District court OKs delay in ex-cop’s trial
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Posted on Aug 07 2011
The federal court has granted the prosecution’s and defense counsel’s request to delay the jury trial of a former police officer who faces charges of using excessive force while making a false arrest of two men when he was still with the Department of Public Safety.
U.S. District Court for the NMI visiting judge Mark W. Bennett said the trial of Francisco S. Pangelinan, which was set to begin on Aug. 22, 2011, will be postponed to a date that will be set in a separate order.
“I am satisfied from the representations of the parties during the telephonic conference that the ends of justice served by continuing the trial outweigh the interest of the public and the defendant in a speedy trial,” said Bennett in an order issued Thursday.
He said the prosecution and the defense have both demonstrated that they want and need a continuance to conduct further trial preparations, particularly in relation to Pangelinan’s expert, owing to circumstances beyond their control, and recent disclosure of additional information to the defendant.
Bennett said a delay of the trial in this case to Nov. 1, 2011, is both necessary and reasonable.
Last April, the district court approved the appointment of an investigator and expert for the defense of Pangelinan.
Pangelinan was indicted on three counts of deprivation of rights under color of law. He has pleaded not guilty.
According to the indictment, on July 6, 2010, Pangelinan sprayed pepper mace into the eyes of two men, resulting in bodily injury. He allegedly arrested one of them without probable cause.
