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8th court-appointed counsel for convicted child molester has withdrawn from case
Superior Court Associate Judge Joseph N. Camacho yesterday granted the request of attorney David G. Banes to withdraw as court-appointed counsel for Alfredo Evangelista Reyes, a man who was convicted for sexually abusing a then 16-year-old girl in 2009.
Camacho noted that Banes is the eighth court-appointed counsel for Reyes who filed a motion to withdraw citing numerous reasons.
Camacho said a new counsel will be appointed to assist the defendant.
A status conference will be on Sept. 28, 2016 at 9am. Reyes remains in custody at the Department of Corrections.
In a motion to withdraw, Banes said Reyes has demanded him to file multiple motions, including to recuse Camacho, for bias and prejudice, from serving as his sentencing judge.
Banes said for multiple reasons, he is reluctant to file these motions particularly the motion to recuse.
The lawyer said he is convinced that he cannot be an effective counsel for Reyes, which has created another and independent conflict and so another basis for him to withdraw as his counsel.
Banes added that Reyes has repeatedly accused him of not effectively representing him, which is another basis for withdrawing as it was for defendant’s former counsel.
Banes said he explained to Reyes the situation and that the defendant stated he no longer wants him to be his counsel.
On Dec. 13, 2013, a Superior Court jury reached a verdict, finding Reyes guilty of three counts of sexual abuse of a minor in the first degree.
Camacho, who presided over the misdemeanor charges, found the defendant guilty of three counts of assault and battery.
On Jan. 22, 2014, Camacho sentenced the then-51-year-old Reyes to the maximum sentence of 30 years imprisonment.
Reyes appealed to the CNMI Supreme Court.
In April 2016, the CNMI Supreme Court affirmed the conviction of Reyes, but found that Camacho abused his discretion by denying the defendant’s request for a presentence investigation report.
The high court vacated the sentence and remanded the matter to the Superior Court for resentencing.
