Wiseman finds proposed 6-month sentence on Mondala too lenient

Superior Court Associate Judge David A. Wiseman rejected as too lenient a plea agreement that proposed a six-month prison term on former Office of Aging director Rose DLG. Mondala who entered a guilty plea last week in connection with the charges that she used the Aging Office’s funds and materials for the needs of the Covenant Party during the 2009 elections and to build a fence at her house in Kagman.

Wiseman said the facts alleged in the information state a very serious and continuous breach of the public trust at the public’s expense.

“It should not be treated as lightly as stated in the plea agreement,” Wiseman said.

Wiseman’s statement in rejecting the plea agreement was read by Associate Judge Kenneth L. Govendo during the change of plea hearing on Thursday.

Govendo presided over the change of plea hearing because Wiseman, who is handling the case, was off-island at that time. Wiseman will sentence the defendant on March 30, 2016 at 1:30pm.

Wiseman acknowledged the doctor’s statement regarding the illness of the 71-year-old Mondala, and that he took that into consideration in making his decision.

However, Wiseman said, he does not find a compelling reason to accept the plea agreement as it currently stands.

Wiseman said it is his opinion that if the government intended to drastically lower the number of charges from 41 to two, it should have amended the information to what the government believes is appropriate for prosecution.

“This court does not take criminal matters lightly,” Wiseman stressed.

Wiseman said he sees no compelling justification for the immense difference in the number of crimes charged and the number of crimes Mondala has pleaded guilty to.

Wiseman also took special concern to the difference in the possibility of 126 years of incarceration and the possibility of six months of house arrest.

Wiseman said Mondala has the right to withdraw her plea agreement and allow the case to proceed to trial on March 14, 2016 as scheduled.

Mondala, who is represented by attorney Loren Sutton, opted not to withdraw her plea agreement.

Wiseman said it means that Mondala will be subject to the court’s sentence, which may be more, or in some rare cases, even less that what the plea agreement proposes.

The total maximum sentence for the 41 charges, if Mondala were to have been convicted, would have been 126 years of prison term and/or up to $128,000 in fines.

The plea agreement proposes to impose Mondala a three-year sentence, all suspended except for six months.

She would serve the sentence under house arrest, with several conditions such as leaving the house for personal business.

Mondala pleaded guilty to one count of forgery and one count of use of public supplies, time, and personnel for campaign activities.

The total maximum sentence for the two counts is up to five years of imprisonment and/or up to $5,500 fines. She will also be barred from working for the government for a period of 10 years from the date of conviction.

At the change of plea hearing, Govendo said he will request the Office of the Adult Probation to expedite the pre-sentence investigation report because Wiseman is leaving the bench.

As part of the plea agreement, assistant attorney general Matthew C. Baisley moved to dismiss the remaining 39 charges. Govendo granted the motion.

The 39 charges are 21 counts of forgery; six counts of misconduct in public office; seven counts of use of public supplies, time, and personnel for campaign activities; two counts of use of public position to obtain benefits for business or social acquaintances; one count of theft of services; one count of theft; and one count of use of office, staff or employees of a public office for personal benefit.