Fitial makes initial appearance in court

Former governor Benigno R. Fitial, left, talks to reporters while his wife Josie, right, looks on, after his initial Superior Court appearance yesterday afternoon in connection with criminal charges for allegedly shielding a former attorney general from being served with penal summons. (Haidee V. Eugenio)

Former governor Benigno R. Fitial made his initial appearance in Superior Court yesterday afternoon to answer criminal charges related to shielding former attorney general Edward T. Buckingham from being served with penal summons.
With the aid of his wife Josie and a cane, the 68-year-old Fitial walked slowly to the defense table where his counsel, Stephen Nutting, was when Associate Judge David A. Wiseman called the case at 1:47pm.

Fitial, who was wearing a striped white shirt, a pair of black pants, and black leather shoes, was a few minutes early for the scheduled 1:30pm hearing.

Before the hearing, many relatives, friends, and supporters approached and either shook hands or hugged Fitial, who sat beside Barbara Sablan on the left edge of a bench on the third row from the defense’s table. The courtroom was jam-packed.

Wiseman was on time for the 1:30pm hearing, but he had to entertain about five criminal cases before finally calling in Fitial’s case.

Nutting told the court, among other things, about Fitial’s $50,000 property bond as well as the submission of a $50,000 appearance bond.

Office of the Public Auditor legal counsel George Hasselback asked that one of the conditions for the bail is for Fitial to sign a waiver that he will not challenge his extradition if he will not come back to Saipan. Nutting said they have no objection to that.

Nutting disclosed that Fitial will be flying to the Philippines on Wednesday next week for a scheduled medical therapy.

Hasselback said he will file an information today, Thursday, so they can proceed with the arraignment on Friday while Fitial is still on the island.

Wiseman then ordered Fitial to return to court for his arraignment tomorrow, Friday, at 9:30am. He said Fitial shall remain released upon the posting of a $50,000 property bond and appearance bond. He also directed Fitial to return to court whenever he is required to do so.

The judge said that Fitial is restricted from leaving Saipan without the court’s permission. He said that Fitial’s notice to travel on May 5, 2014, to the Philippines for continued medical treatment has been documented and accepted.

Wiseman required Fitial to provide the court a copy of his itinerary and at least three contacts of persons who have knowledge of his whereabouts in the Philippines and who can contact him, if necessary.

The judge reiterated some conditions that he imposed in his March 17, 2014, order in the event that Fitial is not able to return to court due to his ongoing medical treatment.

The conditions require the former governor to submit a notice by his attorney detailing the reasons for his inability to appear. Any medical reason must have a doctor’s note signed in the presence of a notary public and any such notarization must be authenticated by the U.S. Embassy.

In an interview with reporters after the hearing, Fitial declined to discuss anything related to his case but was forthright about his health issues. He said he’s still under intensive rehabilitation, which is why he’s going back to the Philippines on Wednesday. He related that his weight dropped from 249 lbs to less than 180 lbs.

When asked about his husky voice, Fitial said he just had the flu and had been coughing.

“I feel very great, except for my voice,” he said.

As to the question whether he will be active in the Republican Party, Fitial said he does not want to talk about politics as he needs to be very active in his rehabilitation. He affirmed that he is not running for any office in the 2014 elections and would instead focus on improving his health and family.

On the support that he received from people who attended the hearing, Fitial said it’s “very touching.”

The former governor said that after his treatment in the Philippines, he will proceed to the U.S. mainland because of his youngest son’s graduation from San Diego State on May 16, 2014.

In his message to the people of the CNMI, Fitial said he just wants the community to be patient because he is focusing on his health. He said his health was one of the two reasons why he resigned as governor.

“But the most important reason was abusing my [body]. So it’s about time that I took care of myself. My neurologist told me that what I have now is going to worsen; it’s not going to [ease back],” he said.

Fitial returned to Saipan from the Philippines on Saturday, four days before his court appearance yesterday. He resigned as governor on Feb. 20, 2013.