Mafnas testifies in claim of ‘inhumane treatment’

Former police officer Eric John Tudela Mafnas testified in federal court yesterday to substantiate his complaint of inhumane treatment at the Guam Department of Corrections where he and co-defendant, former police officer Charley K. Patris, have been detained.

Mafnas said the Guam DOC made some improvements in the facility a few days after he filed a declaration about his complaint and days before the court-ordered inspection took place.

During direct examination by his counsel, Howard Trapp, in the U.S. District Court, Mafnas said that, before, there was no hot water and the temperature inside the cell was very hot.

The defendant said that two to three days before the inspection at DOC, they were provided cold water. After his motion to dismiss the indictment, the temperature inside their cells went down.

Before this, Mafnas said he had to use a cardboard that would serve as a windbreaker or wind catcher as it was very hot in his cell.

He said other inmates were also making windbreakers, but the corrections officers would order them to remove them whenever an inspection is made.

Trapp read portions of the Guam’s DOC’s rules and regulations regarding availability of law books, ventilation, among other things, which, according to Mafnas, were not provided them.

Chief Judge Alex R. Munson also allowed Trapp to play a DVD containing TV news in Guam in which a reporter and a cameraman were allowed to enter the jail facility.

The news showed footages of Mafnas sitting beside Patris in their cell.

Trapp said his client was subjected to that kind of publicity.

“That’s outrageous,” said Trapp as he cited that DOC rules and regulations prohibit photographs or videos taken of prisoners who are not from the Territory of Guam.

The Guam news was also shown in the CNMI through KMCV news on Wednesday.

During cross-examination by Assistant U.S. Attorney Timothy Moran, Mafnas insisted that he was telling the truth about his complaint.

Moran asked whether the defendant has ever lied to a grand jury, to a former prosecutor, and during the trial.

Mafnas responded to the questions with, “No, sir.”

Moran then reminded Mafnas that he was convicted of perjury and issuing false statement, among other charges. The defendant replied, “That’s correct.”

As of yesterday late afternoon, the hearing was still ongoing.

Gov.-elect Benigno Fitial entered the courtroom at 10am. He sat beside Mafnas’ mother, Marian Tudela.

Fitial told the Saipan Tribune that he attended the proceeding because he is close with the Mafnas family. During the court’s recess, Fitial left the court.

Munson earlier ordered an inspection of the cells at Guam DOC on Tuesday afternoon. In his order, Munson said the court, U.S. Marshal, Mafnas’ counsel Trapp, Assistant U.S. Attorney Moran, and G. Anthony Long would visit and inspect the Guam DOC in Mangilao, particularly Post 6 in the south wing and Post 6 in the east wing.

Long is counsel for Patris.

Mafnas and Patris have been detained in Guam while waiting for their sentencing in federal court.

Mafnas moved the court to dismiss the indictment. He asserted that his detention while waiting for the sentencing is excessive, in violation of his constitutional rights.

Patris, through Long, joined in the motion. He said double jeopardy precludes such double punishment.

Mafnas, in his affidavit, stated that during his entire detention time in Post 6, he has had no access to any form of exercise, visitation, recreation, regular library, law library, religious services, adequate ventilation, or social interaction.

Mafnas and Patris were charged in connection with the stealing of cash and illegal drugs evidence from the Department of Public Safety.

In August 2005, the jury found Mafnas guilty on charges of conspiracy to commit theft, false statements and perjury; conspiracy to distribute and possess with intent to distribute a controlled substance involving five grams or more of “ice”; possession with intent to distribute a controlled substance involving five grams or more of “ice”; making false statements, and perjury.

Patris was found guilty on the charges of making false statements, perjury, and accessory after the fact. He was acquitted on the charges of conspiracy to commit theft, false statements and perjury; and theft concerning programs receiving federal funds.