Mafnas gets 19 yrs, 7 mos. prison term

The federal court sentenced former police officer Eric John Tudela Mafnas yesterday to 19 years and seven months in prison for his conviction on charges of stealing cash and illegal drugs evidence from the Department of Public Safety.

“The defendant abused his position as a police officer, who has a sworn duty to uphold the law,” said U.S. District Court Chief Judge Alex R. Munson during the sentencing.

After serving his prison term, Mafnas will be placed on four years of supervised release. During the probationary period, Mafnas will be required to perform, among other conditions, 400 hours of community work service.

Munson also ordered the defendant to immediately pay $600 in court special assessment fee.

The judge sentenced Mafnas to 60 months in prison for conspiracy to commit theft, false statements and perjury; 120 months for theft concerning programs receiving federal funds; and 235 months for conspiracy to distribute and possess with intent to distribute a controlled substance involving five grams or more of “ice.”

Munson sentenced the defendant to 235 months for possession with intent to distribute a controlled substance involving five grams or more of “ice”; 60 months for making false statements; and 60 months for perjury.

Munson said the sentences shall run concurrently. This means that Mafnas will serve a total jail term of 235 months or 19 years and seven months.

Mafnas was given credit for the 191 days he had already served in jail.

Munson also placed the defendant on three years of supervised release each for the four offenses, and four years supervised release each for the two other offenses, to run concurrently. It means that the total probation period is four years.

Munson said that when he arrived on Saipan 24 years ago, there was no methamphetamine or “ice” on the island. Since its introduction to the Commonwealth, though, “it absolutely created havoc to the community.” Along with this, Munson noted an increase in domestic violence, child abuse, child neglect, and other crimes.

“The police are in charge with cleaning up the streets of ‘ice.’ This defendant took drugs that were already cleaned up and put them right back on the streets,” he said.

The judge said Mafnas’ actions not only placed back the illegal drugs on the streets, but also the investigation on some people stopped because the “ice” evidence were already not available.

Munson believes the sentence is appropriate, to send a strong a signal to the community and to deter other people from committing such crimes.

After announcing the sentence, defense attorney Howard Trapp, asked the court to allow Mafnas to visit his ailing grandmother at her house. The judge granted the request and gave the defendant not more than 30 minutes to visit his grandmother.

The U.S. government moved for a severe jail sentence on Mafnas, asserting that the convicted former police officer was a leader of a criminal activity that involved more than five participants and that he was in possession of a firearm when he committed the offenses.

Moran said the applicable sentencing guidelines for Mafnas should be between 292 months (24 years and four months) to 365 months (30 years and five months).

Moran and co-counsel, assistant U.S. Attorney Jamie Bowers, called several witnesses to support their motion.

But Munson denied the motion and determined that the sentencing guideline range is between 188 to 235 months in prison.

The prosecution then recommended the imposition of 235 months.

Bowers told the Saipan Tribune after the hearing that the case is very important for the CNMI government, the people, and the Department of Public Safety.

“He [Mafnas] betrayed the trust of authority. He took the ‘ice’ evidence and he sold the drugs, knowing they are dangerous and bad,” Bowers said.

The sentencing for Mafnas was set for Monday, while his co-defendant, former police officer Charley K. Patris, will be on Feb. 17.

Mafnas and Patris were charged in connection with the stealing of cash and illegal drugs evidence from DPS. In August 2005, the jury found Mafnas guilty of the charges. The sentencing for Patris was set today.

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.

The FBI tagged Mafnas as the organizer and leader of the criminal activity. Mafnas and Patris used to be assigned as detectives at the SIS. Their principal responsibility was to investigate drug crimes.

The prosecution alleged, among other things, that on May 13, 2003, Mafnas took from the DPS evidence room approximately 46 grams of “ice” that had been seized from a defendant.

The U.S. government said that on Dec. 22, 2003, Mafnas falsely told FBI agents that the 46 grams of “ice” had been burned pursuant to authorization provided to Mafnas by a CNMI assistant attorney general.

Patris allegedly falsely told FBI agents that he had seen a letter written by a prosecutor authorizing the destruction of 46 grams of “ice” that that been seized in the prosecution of a defendant.

The FBI began investigating the case in December 2003.

The defendants were also accused of misappropriating funds obtained from DPS for the purpose of conducting drug investigations.