Man ordered to appear in federal court for revocation hearing

The federal court has ordered Nestor Camacho Taitano, a habitual offender who was recently cleared of charges in Superior Court in connection with the beating and robbing of a 65-year-old masseur, to appear for a revocation hearing pertaining to his probation.

U.S. District Court for the NMI Chief Judge Ramona V. Manglona last week issued an order that set the revocation hearing on March 14, 2012 at 9am.

Manglona also granted the U.S. government’s motion for the immediate release of Taitano from U.S. Marshal’s custody.

Assistant U.S. attorney Garth Backe, in the U.S. government’s motion filed on Tuesday, stated that it appears to be that no judge will be available to bring Taitano before in the immediate future to address issues related to his release pending final revocation hearing.

Backe said the U.S. government, together with the U.S. Probation Office, also wishes for additional time to determine how and/or whether to proceed with the revocation proceedings in light of the recent jury verdict that acquitted Taitano.

Backe said that, on June 20, 2011, the U.S. Probation Office filed a petition for warrant or summons, alleging that Taitano had committed a new law violation and had consumed alcohol.

At a hearing on the matter on June 30, 2011, Taitano’s attorney moved for continuance of the hearing, U.S. District Court for the NMI visiting judge A. Wallace Tashima granted the motion.

Backe said the minutes from the hearing reflect that Tashima “remanded Taitano back into the custody of the U.S. Marshal.

Backe said that, on July 8, 2011, the U.S. government and Taitano’s attorney filed a joint stipulation wherein they requested that the matter be continued until the defendant’s prosecution in Superior Court had been completed.

Backe said the judge approved the stipulation and the hearing scheduled for July 13, 2011 was further vacated.

The prosecutor said sometime after the Superior Court’s acquittal on Feb. 23, 2012, Taitano was released from CNMI custody despite the fact that a U.S. Marshal detainer was in place.

U.S. Marshals Office arrested Taitano on Tuesday.

Last Feb. 23, after deliberating for less than an hour, six Superior Court jurors reached a unanimous verdict finding Taitano not guilty of robbery, and conspiracy to commit robbery.

Superior Court associate judge Joseph N. Camacho, who presided over the jury trial, handled the misdemeanor charges.

Camacho ruled that the prosecution failed to prove beyond reasonable doubt that Taitano is guilty of assault and battery, and disturbing the peace.

Taitano has eight prior criminal convictions.

In November 2009, the federal court sentenced Taitano to time already served (159 days) for two counts of conspiracy to utter counterfeit obligations and securities, and two counts of uttering obligations and securities. He was placed on supervised probation for three years beginning Nov. 18, 2009.

In July 2010, the federal court revoked Taitano’s supervised release and sentenced him to seven months in prison, after he admitted using “ice” and marijuana while on probation.