Judge raise Elyeisar bail to $10,000 cash

Superior Court Associate Judge David A. Wiseman increased by 10 times the bail amount that he earlier imposed for the temporary release of Akilino P. Elyeisar.

Wiseman modified the bail from $1,000 to $10,000 after the CNMI government, represented by assistant attorney general Kevin Lynch, moved to increase the bail on the ground that Elyeisar had two felony convictions.

In granting the government’s request, the judge said the court believes that the defendant poses a danger to the community.

Besides the aggravated assault and battery conviction, Wiseman noted that Elyeisar’s 1995 conviction for illegal possession of a firearm and ammunition case was also serious.

In that case, the judge said, the defendant was seen by police officers driving a car with his rifle sticking out from the vehicle.

Maria Igitol, in an interview with the Saipan Tribune after the hearing, said they were pleased with Wiseman’s decision.

“We wish there is no bail, but the standard bail for deportation case is $1,000. The [$10,000 cash bail] is fine,” said Maria Igitol, sister of Vickyann Maratita Igitol, who died of injuries inflicted by Elyeisar.

The bail hearing was originally set at 11am yesterday before Superior Court Presiding Judge Robert C. Naraja. Naraja transferred the case to Wiseman’s court because he had a personal matter to attend to that morning.

Wiseman heard the case at 3:45pm. Members of the Igitol clan attended the hearing. Four Corrections officers were assigned to guard Elyeisar in court, while two court marshals were also posted in the courtroom.

Before the hearing, some members of the Igitol clan held a peaceful rally in the parking lot of the Judicial Complex in Susupe. The demonstrators held banners that read: “No Bail!,” “Deport Akilino Elyeisar Immediately,” and “Deport Him!!”

Maria Igitol said they were holding a rally in support of the government’s move to deport Elyeisar, a Chuukese.

Last Saturday, some 50 members of the Igitol clan held a peaceful rally in front of the Department of Corrections in Susupe Saturday to ensure that Elyeisar would not be freed that day.

After they were assured by a Corrections official that Elyeisar would not be freed after a Superior Court judge signed an arrest warrant for the prisoner’s deportation case, the group dispersed at 6:30pm.

The government filed a deportation case against the defendant on Friday.

On Jan. 31, 2006, Naraja imposed a 22-month prison term on Elyeisar.

In accepting the plea agreement, Naraja said Elyeisar is sentenced to 22 months in prison with credit for the time he already spent in jail since May 18, 2004.

The judge said that after serving the prison term, the defendant will be placed on 38 months of supervised probation.

During the probationary period, Elyeisar will be required to attend counseling at the Community Guidance Center and perform 100 hours of community work service.

The plea agreement also mentioned that, after completing the sentence, the government would commence deportation proceedings against the defendant.

Court records show that police responded to a residence in Kagman on May 13, 2004, based on a call of a neighbor who suspected a domestic violence incident. Vickyann Igitol told responding police, however, that she just fell from a stool. The victim’s body from the neck down became paralyzed until she died of complications a few weeks later. Before she died, though, Vickyann Igitol reportedly confided to her father what really happened.

Elyeisar signed a plea agreement and entered a guilty plea to aggravated assault and battery.