Ex-cop Hocog has a pending criminal contempt case

Former police officer Victor Val Hocog, who is facing charges of selling crystal meth or “ice,” has a pending criminal contempt of court case.

According to court documents, on Nov. 10, 2015, the Office of the Attorney General charged Hocog with criminal contempt of court.

Between Sept. 25, 2014, and Nov. 9, 2015, Hocog allegedly refused to comply with the Superior Court’s order to undergo 30 months of rehabilitation services from the Hawaii Habilitat Treatment facility by June 4, 2015. The order was in connection with his 2014 criminal case.

Hocog, however, was not arrested in the criminal contempt case; he was only summoned to appear in court on Nov. 23, 2015.

At his arraignment on Nov. 23, 2015, Hocog appeared with then-assistant public defender Matthew Meyer. Hocog entered a plea of not guilty.

Assistant attorney general Heather Barcinas appeared for the government.

At the status conference on Dec. 19, 2016, Hocog did not appear. Assistant attorney general Matthew Baisley appeared for the government.

Presiding Judge Roberto C. Naraja issued bench warrant for Hocog’s arrest. Bail was set at $500.

In the bench warrant, Naraja commanded the Department of Public Safety commissioner, Marshal Division, or any law enforcement officer to arrest Hocog for failure to appear at the Dec. 19, 2016, hearing and bring him before the court.

It is not clear from court records whether the bench warrant was ever served on the 42-year-old Hocog.

Saipan Tribune learned yesterday that the criminal contempt of court case is pending as Hocog, through counsel, appealed to the CNMI Supreme Court, arguing that his sentence in a previous criminal case does not comply with the sentencing statute and is illegal.

Assistant public defender Cindy Nesbit, counsel for Hocog, asserted that Naraja impermissibly sentenced the defendant to 30 months of rehabilitation and ordered the OAG to monitor compliance with the rehabilitation provision.

In the government’s opposition to the appeal, assistant attorney general Matthew Baisley said the Supreme Court should affirm because no illegal sentence was imposed, no separation of powers issues exist, and Naraja’s involvement was limited to ensuring the plea agreement was technically and legally sound.

“Defendant cannot have his cake and eat it too,” Baisley said.

The drug rehabilitation requirement was in connection with Hocog’s prior conviction. On Sept. 25, 2014, he was sentenced to 15 months in prison after he pleaded guilty to illegal possession of a controlled substance. He was given credit for 226 days of time served.

In 2011, Hocog pleaded guilty to assault and battery in a domestic violence case. Naraja sentenced him to one year in prison, all suspended except for nine days, with credit for nine days of time served.

Last March 8,the OAG filed an information charging Hocog with trafficking of a controlled substance and illegal possession of a controlled substance.

OAG investigator George Fleming David alleged that their “cooperating source” managed to buy $240 worth of “ice” from Hocog during a buy-walk operation in the parking lot of a store in As Lito on Sept. 15, 2016.

Hocog was arrested on Oct. 10, 2016, over the alleged Sept. 15 drug transaction. He was subsequently released after he offered to serve as a confidential informant to authorities.

The OAG later moved to revoke the defendant’s release. Hocog was not re-arrested and was instead summoned to appear in court last March 13.

At the March 13 arraignment, Hocog pleaded not guilty to trafficking and illegal possession of a controlled substance.