Execution of Mondala’s 1-year prison term stayed for a week

Govendo

Superior Court Associate Judge Kenneth L. Govendo yesterday granted a week stay on the execution of a one-year prison term slapped against former Office of Aging director Rose DLG Mondala.

Govendo said he needs to conduct legal research on the issue and wants more information whether the Department of Corrections has enough female staff who could watch the 71-year-old Mondala.

Govendo ordered the government and Mondala’s counsel, Loren Sutton, to come back on Tuesday, June 7, at 1:30pm for the continuation of the hearing on the defendant’s motion to stay the execution of prison term pending her appeal of the sentencing order.

The judge asked Sutton to tell Mondala that by Tuesday she should be prepared to start serving the prison term.

Mondala did not appear at the hearing yesterday. She is supposed to start serving her prison sentence at DOC today, Wednesday, at 8am.

Sutton argued Mondala’s motion yesterday. He said his client is not a flight risk, has serious and life-threatening health problems, and is no threat to the public.

Sutton recommended home confinement pending the outcome of their appeal.

Sutton said Mondala has many ailments, including that she is susceptible to heart attack and is a carrier of tuberculosis.

Sutton said the husband has been taking care of Mondala at their home.

Assistant attorney general Matthew Baisley, counsel for the government, said the Commonwealth sticks to its position that the court should deny the motion as Mondala has not raised a substantial question of law or fact that then-Superior Court associate judge David A. Wiseman was in error that likely to result in reversal.

Govendo said he will do legal research on federal sentencing guidelines that Sutton brought up.

Citing Mondala’s nine illnesses, Govendo asked Baisley to provide information to the court if DOC has sufficient staff who could monitor the defendant’s health condition.

Govendo expressed concern that Mondala may die in DOC if not given proper treatment.

Baisley noted that Wiseman already took Mondala’s illnesses as a factor in considering the sentencing.

At sentencing, Wiseman pointed out that he reviewed the doctor’s report stating the numerous illnesses Mondala has and the medication being administered.

However, Wiseman said, medical condition although can and will mitigate the sentence, “it will not cancel it out.”

Last Feb. 25, Mondala pleaded guilty to one count of forgery and one count of use of public supplies, time, and personnel for campaign activities.

As part of the plea deal, the government moved to dismiss the remaining 39 charges. The court granted the motion.