Board of Parole recommends commutation of Fitial sentence

The Board of Parole unanimously voted yesterday to support a commutation of sentence that was imposed on convicted former governor Benigno R. Fitial, who was ordered last week to start serving his one-year prison term on or before July 6, 2015.

The five-member board chaired by Ramon B. Camacho came up with a decision after listening to testimonies and reading letters from people who either supported for pardon or objected to such pardon during a hearing held at the Pedro P. Tenorio Multi-Purpose in Susupe.

Former reporter and lawmaker Tina Sablan speaks about her opposition for the recommendation of a pardon for former governor Benigno R. Fitial before Board of Parole members and legal counsels during a hearing yesterday at the Pedro P. Tenorio Multi-Purpose Center in Susupe. The board unanimously voted to recommend the commutation of the sentence imposed on Fitial. (Ferdie de la Torre)

Benigno R. Fitial

Camacho and the board’s legal counsel James Zarones explained that a commutation of sentence basically means a reduction of sentence.

It means that jail time or fine could be removed, or both, and that the beneficiary remains convicted of the offense.

The board also unanimously voted to object the granting of absolute pardon for Fitial.

In an interview, Camacho said although the board reached a unanimous vote for commutation of sentence instead of supporting an absolute pardon, it is only Gov. Eloy S. Inos who can make the final decision.

Camacho agreed that with commutation, it is possible that Fitial will not his serve prison term, but that the former governor remains convicted of criminal offenses.

Camacho said with absolute pardon, “it’s zero” or as if Fitial was not convicted of any crime.

He said the board conducted the public hearing because of Inos’ request for consultation about a proposed pardon for the former governor.

The chair said one thing that he put into account is President Obama’s recent issuance of furlough to prisoners who are non-violent.

Camacho said Fitial is non-violent.

Camacho said he is not questioning Superior Court Associate Judge David Wiseman’s decision to impose a one-year prison term on Fitial.

“The governor has the full power to pardon. He is the only one,” the chair said.

He pointed out that the reason why he made his vote on the commutation is because he wants to make sure that the charges still remain.

With the board’s decision, Camacho said they will be forwarding a letter to Inos about the hearing’s result.

Camacho said he is thankful that a lot of people showed up at the hearing, which went on smoothly.

“There’s nothing (bad) words from the public. A lot of positives and negatives on the issue at the hearing,” he said.

The 69-year-old Fitial failed to attend the hearing due to his health condition. His counsel Stephen Nutting attended the hearing packed mostly by family members, relatives, and friends of the former chief executive.

Twenty-eight persons spoke at the hearing. Most of them were the same persons who wrote letters requesting for Fitial’s lenient punishment at the sentencing hearing. The speakers were given five minutes each to address to the board.

The board also received 12 letters.

The board decided to conduct the hearing after Inos requested last June 22 or two days before the sentencing, for a consultation on whether or not grant a pardon to Fitial.

Fitial signed a plea agreement with the government and pleaded guilty last May 13 to misconduct in public office and conspiracy to commit theft of services.

Most of the speakers expressed support for Fitial’s absolute pardon at the hearing that began at 9am. The hearing concluded at 1:25pm and after a few minutes, Camacho called a voting from the members.

Nutting informed the board that the former governor informed him Monday night that due to his serious health problem he could not attend the hearing.

Nutting was the first one to speak, followed by Office of the Public Auditor legal counsel George L. Hasselback, and chief prosecutor Leonardo Rapadas.

Camacho presided over the hearing. Also with him were the four members—vice chair Wally Villagomez, secretary Alexander Apatang, and members Antonio Borja and Ignacio Mendiola.

Sitting beside the board members were their legal counsels—chief solicitor James Zarones and assistant attorney general John Cook.

Zarones explained that at the hearing, the board will be considering all possibilities—absolute pardon, partial pardon, conditional pardon, and commutation.

Nutting said Fitial asked him to send his sincere apology for not appearing at the hearing because he’s not feeling well due to declining health.

Nutting then offered the board letters coming from Fitial’s supporters.

Nutting said after the sentencing last week, he had a difficult time answering to people who asked how was it that former attorney general Edward Buckingham, who was the principal beneficiary in the crime, was not sent to jail and yet Fitial was sentenced to one year in prison.

Nutting asked the board to support an absolute pardon if not partial pardon by requiring Fitial to apologize to the people.

In fact, Nutting said, at the sentencing hearing, Fitial already apologized to the people profusely.

Hasselback, who served as the special prosecutor in the case, disagreed with Nutting’s characterization that Fitial apologized profusely before the court.

Hasselback said he was at the sentencing hearing and only heard Fitial saying sorry for his wrongdoing to his friends, family, and to the people who supported him.

Hasselback said each judge has absolute discretion in sentencing.

Hasselback said in fact, a certain judge who is known for imposing harsher sentences has been receiving overwhelming support from the public based on comments online and in newspapers.

“Who is the person who occupied the highest trust in the Commonwealth when the crimes were committed?” Hasselback asked.

Hasselback said the board should consider the hard work and sacrifice by investigators in this case.

“Is the CNMI a community of laws?” Hasselback said, adding that the board’s decision will answer that question.

Rapadas said he will submit to the board the government’s sentencing memorandum that they gave to the court.

“We are all servants of the law and not above the law,” Rapadas said.

Former reporter and lawmaker Tina Sablan along with Glen Hunter, Lucy Sablan, and Paul Ferreira were those who opposed Fitial’s pardon.

Sablan said Fitial violated the laws that he swore to uphold and defend.

Sablan said all the people of the Commonwealth were victims of the crimes of corruption to which he has admitted.

“We have learned some hard lessons over the years. We are evidently still learning them. These are lessons we should always remember, and teach our children,” she said.

Sablan concluded her statement with questions.

“What is just? What is fair? What kind of precedent do we wish to set today for the future of justice and the rule of law in our islands? What kind of community and government do we want for ourselves and our children? And what side of history will we choose to be on?” she said.

Ferreira said if Fitial will get pardon or not serve his prison term, the CNMI might as well release all the criminals, including murderers and rapists.

Ferreira said Fitial is now a convicted criminal but he did not even apologize to the people.

Ferreira stressed that his statement is not an attack on Fitial per se, but on corrupt politicians.

Lucy Sablan urged the board to just follow the court, treat the people equally, and hold Fitial accountable for his crimes.

“He’s not even here,” Lucy Sablan said, referring to the former governor.

Lucy Sablan said the board has a very simple decision to make, “do what is right for the people.”

Hunter asked the board to send a message to the community by coming with a “no” recommendation for Fitial’s pardon.

“You hold the laws of the land to a high level,” Hunter said.

Hunter emphasized that what he is against is public corruption.

Former attorney general Matthew Gregory was among the many people who spoke in support of Fitial. He said he is speaking about Fitial as his client since 2002.

Gregory said during Fitial’s term as governor he served as AG from 2006 to 2008 and at that time there was no issue about corruption involving the governor.

Gregory said after him as AG, Fitial had “horrible legal advice.”

Gregory said the conviction of former AG Buckingham “was shocking.”

Gregory asked the board to consider a recommendation for full pardon for Fitial.

Former Superior Court associate judge Juan T. Lizama also spoke in support for Fitial.

Lizama said Fitial has already been punished, he regrets the crimes, and is remorseful. He also explained the board’s conducting such public hearing as a separate body.

Former lawmakers Stanley Torres and Oscar Babauta, along with former Saipan mayor Marian Tudela, were also among those who spoke in support of Fitial. They addressed the board in Chamorro.

Triple J Enterprises chair Bob Jones said he came to talk as a longtime friend of Fitial. He said Fitial has lost face, has been humiliated by his actions, and lost his integrity.

Jones said Fitial has been punished for two years now.

Felix Fitial said his brother, Benigno, has been suffering since the impeachment came about. He asked for compassion as the former governor is very ill now.