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Sentencing hearing of former senator Ayuyu resumes today
The sentencing hearing of former senator Juan M. Ayuyu will resume today, Monday, at 1pm.
The hearing was supposed to resume last March 17, but one of Ayuyu’s counsel, Guam attorney David J. Lujan, asked the court to move the hearing to April 16 due to his busy court schedule in Guam.
U.S. District Court for the NMI Chief Judge Ramona V. Manglona granted Lujan’s request for postponement but set the sentencing hearing for today.
Both Lujan and attorney Bruce Berline, counsel for Ayuyu in the fruit bat case, recommend a probation sentence and no fine.
Berline said that Ayuyu has been an outstanding member of the community for many years and served the community well as a senator until a day came when a dying family member told him of wanting to eat a fruit bat before he passes away.
The sentencing hearing began last Feb. 10 but was not completed, prompting Manglona to continue the matter supposedly last March 17.
In Ayuyu’s sentencing memorandum, Berline asked the court to impose a sentence of probation. Citing Ayuyu’s financial circumstances, Berline also asked the court not to impose a fine.
Lujan, counsel for Ayuyu in the obstruction of justice case, joined in Berline’s memorandum.
Ayuyu pleaded guilty to conspiring to violate the Endangered Species Act and conspiring to obstruct an official proceeding.
At the sentencing hearing last Feb. 10, assistant U.S. attorney Garth Backe called witnesses to testify as to the “true version of events,” to show that Ayuyu does not deserve a reduced sentence. He recommends the highest end of the sentencing range: 41 months in prison.
“Such a sentence is not only appropriate here, but it will further send a clear message to others that, while the law applies to everyone, those that act like they are above it will be punished the most severely,” said Backe in the U.S. government’s sentencing memorandum.
Ayuyu’s original sentencing date was Nov. 8, 2013, but was postponed several times for several reasons.
Last July 22, 2013, Ayuyu pleaded guilty. Subject to the court’s approval, he will receive a prison term between 33 months and 41 months.
On Sept. 30, 2013, Ayuyu (Ind-Rota) resigned as a member of the 18th Senate.
