Previous Story
DUE TO CNMI SUPREME COURT’S RULING; ONE PRESENTENCE INVESTIGATOR AVAILABLE
Sentencing of criminals may be delayed
With only one presentence investigator/writer for the Superior Court, the new sentencing of a dive master who was found guilty of killing and getting a protected spotted eagle ray will take place in May 2015, a year later from the day of a bench trial that lasted only a day.
At a hearing yesterday, Superior Court Associate Judge Joseph N. Camacho continued the new sentencing of Hu Jie Fang for May 6, 2015 at 9am.
Camacho noted that CNMI probation officer Simram W. Simram wrote him, requesting to give him more time to prepare the presentence investigation and postpone the new sentencing of Fang.
In the letter, Simram disclosed that he is the only presentence investigator/writer for the court and is currently handling 15 presentence investigation cases on top of regular probation supervision cases.
The CNMI Supreme Court recently issued an opinion that presentence investigation report shall be conducted upon a defendant’s request. The high court’s ruling basically takes away trial judges’ discretion whether to order a presentence investigation report or not.
The high court’s opinion may delay sentencing of criminals due to the backlog in presentence investigation reports.
In Fang’s case, Judge Camacho found Fang guilty of one count of ray protection at a bench trial last June 8. Witnesses testified that Fang shot a three feet wide spotted eagle ray with a spear gun and took the ray on Jan 15, 2014.
Less than two weeks later after the trial, Camacho conducted the sentencing hearing and ordered the defendant to spend the maximum sentence of six months in prison.
Assistant public defender Matthew Meyer, counsel for Fang, insisted yesterday that a presentence investigation report be conducted in this case.
Camacho ordered the Probation Office to submit the presentence investigation report on April 17, 2015, and directed the parties to file their sentencing memorandum brief on May 1, 2015.
Camacho noted that due to the numerous requests for a presentence investigation report, a number that is expected to increase, the sentencing hearing in Fang’s case will now occur a year later from the date of the one-day bench trial.
