US govt opposes Leyda Ada requests for release

Pointing out that Leyda I. Ada simply recycles her arguments again, the U.S. government is opposing her request for release pending the outcome of her appeal from her conviction of perjury and sentence.

Assistant U.S. attorney Garth Backe said the issues regarding the sufficiency of the evidence and the ambiguity of the question have already been thoroughly briefed and argued—and more importantly, rejected by the court.

As for Ada’s argument regarding the cross-reference issue, Backe said the U.S. actually agrees the matter constitutes a “substantial question.”

Cross-reference refers to the entire offense guideline.

Backe said critically though, the cross-reference only resulted in a one level enhancement to Ada’s offense level.

Thus, Backe said, even if Ada prevails on appeal, it will not result in “a sentence that does not include a term of imprisonment [or] a reduced sentence to a term of imprisonment less than the total of the time already served plus the expected duration of the appeal process.”

Therefore, the prosecutor said, it cannot serve as a basis for release pending appeal as well.

Backe, however, agrees that Ada does not present a flight risk or a danger to the community.

Ada is asking the federal court for her release pending the outcome of her appeal from her conviction of perjury and sentence to the U.S. Court of Appeals for the Ninth Circuit.

Ada, through counsel Mark B. Hanson, recently filed the motion for release in the U.S. District Court for the NMI.

Ada filed in court last April 22 a notice of appeal of her conviction and sentence.

In Ada’s motion for release, Hanson said the defendant is not a flight risk, is not a danger to the community, and her appeal and this motion are not for purposes of delay.

Hanson said Ada has and will present issues to the Ninth Circuit that are “substantial” in nature—fairly debatable—and that would require reversal or re-sentencing if she prevails on either of the issues presented.

The court will hear the motion today, Friday, at 1:30pm.

Last April 24, U.S. District Court for the NMI Chief Judge Ramona V. Manglona slapped Ada with a sentence of two years and three months imprisonment.

Ada was allowed her continued release pending the designation of her federal prison facility. She was required to call the U.S. Marshal Service thrice a week to check if there already is an available federal prison facility for her.

Last June 26, a federal jury reached a verdict, acquitting Ada of the charges of conspiracy to commit money laundering and money laundering, but finding her guilty as to the crime of perjury.

The 12 jurors found Ada guilty of perjury when she signed “no” to the question in the “CJA form” if she has any cash on hand or money in savings or checking accounts.

In order to determine whether Ada could afford her own lawyer when she was arrested, she was required by the court to truthfully complete a financial affidavit.

In the paragraph entitled “Employment,” Ada also checked the “no” box indicating that she was not employed.

According to the indictment, Ada’s statements were false because she knew that she had $4,000 in cash at the time in her personal clothing drawer at her house and had access to and was an authorized user of at least two bank accounts.

Ada used to be a sales representative for Midwest Medical Supply Co. Inc., a Missouri-based company that had supplied dialysis consumables and equipment to the Commonwealth Health Center.

Leyda Ada’s husband, Melvin Ada, is a former employee of the Commonwealth Health Center. He pleaded guilty to 56 charges for misappropriating and diverting CNMI Treasury checks made payable to a medical supplier company totaling over $1.7 million. Last December, he was slapped with a sentence of 12.7 years imprisonment.