Ex-CUC crew facing charges for burglarizing lawyer’s house wants judge disqualification

Daro Reyes Cabrera, a former Commonwealth Utilities Corp. line crew facing charges for burglarizing a lawyer’s house and engaging police officers in a car chase using a stolen CUC vehicle, wants Superior Court Associate Judge Joseph N. Camacho disqualified from presiding over the case.

Assistant public defender Cindy Nesbit, counsel for Cabrera, asserted that Camacho’s appearance of neutrality may be compromised given his suggestion at the preliminary hearing that the government add a count to the charges already pending against the defendant.

In Cabrera’s motion for disqualification, Nesbit said a judge’s role at a preliminary hearing is simply to determine whether probable cause exists to sustain the pending charges, not to give hints or suggestions to the government of additional charges.

Nesbit added that Camacho treated this case differently from at least one other case by seemingly fast-tracking the matter to trial.

In an order issued yesterday, Camacho set for Nov. 2, 2016, the hearing of the motion for disqualification. He vacated the pretrial conference currently set for Sept. 21, 2016, and the jury trial currently set for Oct. 17, 2016.

Cabrera, 38, also known as Ninja, allegedly burglarized the house of attorney Bruce Berline in Puerto Rico last July 3. He allegedly stole a CUC vehicle last July 14 that ended up on that same day colliding into a police car, injuring a police officer during a high-speed chase in Papago.

Berline lost his brown Timberland Hudson commuter leather wallet worth $9.50, $150-$300 in cash, CNMI driver’s license, three credit cards, a Smiles card, a Shell rewards card, and a Subway card.

At a preliminary hearing last July 21, Camacho found probable cause against Cabrera as to eight charges—burglary, theft, theft of vehicle, resisting arrest, two counts of criminal mischief, reckless driving, and eluding police officer.

The eight charges carry a maximum penalty of 11 years imprisonment.

In Cabrera’s motion for disqualification filed yesterday, Nesbit said at the preliminary hearing, in addition to determining that probable cause exists, Camacho also suggested that the government charge the defendant with assault with a dangerous weapon.

Nesbit said at the arraignment before Presiding Judge Robert C. Naraja last July 25, Camacho’s deputy clerk stated that Camacho wanted to set this case for a status conference on July 27, a mere two days after the arraignment.

Nesbit said defense counsel and the prosecutor both stated that a status conference should not be set that soon and requested 30 days as the case was brand new, discovery had not yet been provided to the defense, and the parties needed some time to resolve this matter.

She said Naraja agreed to set this matter for a status conference for Aug. 24, 2016, but Camacho issued an order last July 26, vacating the Aug. 24 and resetting the status conference to the following day, July 27.

Nesbit said at the July 27 status conference, Camacho set the case for trial.

Nesbit said suggesting that the government add an additional charge does not promote the appearance of neutrality and may violate the separation of powers doctrine.

She noted that the government has the authority to file criminal charges, and deciding which charges to file is within the sole discretion of the Office of the Attorney General.

Nesbit said Camacho may appear to lack neutrality in this case because of the different way he chose to proceed in this case.