Man resentenced to 3 years for sexual abuse of a minor

A 52-year-old man who pleaded guilty in 2012 to touching the breast and buttocks of a 13-year-old girl was resentenced on Tuesday to 36 months—or three years—in prison.

Jin Song Li, who has already been in prison for 33 months—was given credit for time served. That means that he will serve three more months in the custody of the Department of Correction.

Superior Court Associate Judge Teresa Kim-Tenorio, who handled Lin’s resentencing at the behest of the NMI Supreme Court, believes that Lin is remorseful and that she received letters from nine individuals who supported Lin’s good character.

Saipan Tribune learned that among the nine are House Speaker Rafael S. Demapan (R-Saipan) and former House speaker Oscar Babauta.

Before the judge handed down the revised sentence, Lin was allowed to address the court. Lin, through an interpreter, said he is remorseful for what he did to the child. He apologized to his wife, his daughter, friends, and to the whole community.

Kim-Tenorio noted that the victim was traumatized by the incident.

After the hearing, defense attorney Robert T. Torres said the government clearly had the extremist position, which is not a surprise.

Torres said they believe that Kim-Tenorio was fair and considerate, giving Lin 36 months imprisonment.

Torres said that Lin will complete his time and pay his price to society and will move on with his life. Lin, a Chinese national, will be deported from the CNMI after serving his sentence.

“But I believe today, finally today, a fair and just sentence was meted out and that’s all what we can ever ask for in the courthouse,” Torres said.

Assistant attorney general Matthew C. Baisley, who had recommended a maximum sentence of five years imprisonment, refused to comment later.

Baisley said Lin sexually assaulted a 13-year-old girl in broad daylight and in view of a surveillance camera in a store in Chalan Kanoa. Lin worked as a cashier of the store when the incident happened. His brother owns the store.

Baisley said it is not disputed that the victim was 13 years old, that Lin also groped her as part of the assault, and that she has continued to suffer from this incident.

Baisley said the nature and circumstances of the offense justify the original imposition of the maximum term of imprisonment of five years.

Baisley said a sexual assault on a minor child demands just punishment.

He said Lin has demonstrated that he has a criminal impulse that presents a continuing danger to the community.

Baisley said Lin states he has no prior criminal conduct, but this alone cannot justify a reduced sentence, given the nature and circumstances of this offense.

Lin’s counsel, Torres, recommended a sentence of time served or immediate release. Attorney Viola Alepuyo also appeared as co-counsel for Lin.

Torres said Lin shall voluntarily depart the CNMI on his own volition and at his own expense within five days of release.

Torres said Lin is a person without any criminal history and is a person with a family.

Torres said Lin accepted responsibility and is remorseful as he pleaded guilty.

Torres said he does not understand the government’s argument that Lin’s act was brazen because it happened in the morning and there was a video.

“It does not make difference,” the defense lawyer said.

Torres said his recommendation is not a merciful sentence, but a just sentence.

“This is the time for justice,” he said.

Torres said Lin did not occupy a position of authority to the child as she was not under his care or supervision nor was the child a family member.

Torres said there is no report of any statements by the girl that Lin compounded his misconduct with sexually charged statements, yelling, graphic language, profanity, or threats.

Torres said where a defendant such as Lin suffered a conviction, which has a mandatory minimum of two years up to five years imprisonment, there is a range of imprisonment and conditions for the court to consider.

Torres said because the Legislature provided a range of punishments, the trial court must individualize its sentence.

Prior to incarceration in 2014, Lin had worked in the CNMI for almost 20 years as a salesman on Tinian, and then working for his brother at LF Market.

Lin had worked there since 1999.

Following his conviction and incarceration, Lin has been unemployed and is without lawful status in the CNMI.

Lin’s wife and their minor daughter have lived in the CNMI since the inception of their relationship in 2004. He has two sons from a prior relationship, both whom are adults and living in China.

Torres said Lin is a model prisoner and the court has received letters of support from persons who know Lin and his character.

Police arrested Lin in July 2012. On Oct. 13, 2013, he pleaded guilty to sexual abuse of a minor in the third degree before Presiding Judge Robert C. Naraja.

The charges of assault and battery, disturbing the peace, and sexual assault in the second degree were later dropped.

On March 28, 2014, Associate Judge Joseph N. Camacho imposed the maximum sentence of five years imprisonment.

Alepuyo later entered her appearance as counsel for Lin. Camacho recused himself from the case as Alepuyo is his wife.

Naraja then reassigned the matter to Kim-Tenorio.

Last July, Lin, through Alepuyo, moved for reduction of sentence. Kim-Tenorio denied the motion.

Lin appealed to the CNMI Supreme Court.

The high court concluded that the sentencing court’s decision was an abuse of discretion, vacated the sentence and directed a resentencing.