Teen convicted of DUI seeks release from jail

Raymond Blas—the teenager who is now serving his sentence for conviction on driving under the influence of alcohol and reckless driving in connection with a vehicular mishap a day after last Christmas—has asked the Superior Court for his release from prison pending the determination of his appeal.

Citing statutory provisions and precedent rulings, Blas’ lawyer, Brien Sers Nicholas, told the court that release pending appeal should be given consideration unless the court has reason to believe that any ground for detention exists.

The grounds for detention include risk of flight by the defendant, the danger he poses to the community, the frivolity of the appeal, and an appeal for the purpose of delay. Sers Nicholas argued that none of these grounds exist to warrant Blas’ detention pending appeal.

“In fact, this Honorable Court has further noted that…the standard for release pending appeal is more lenient,” the lawyer said.

Sers Nicholas explained that Blas does not pose a flight risk because the teenager does not have a passport in the first place. He said Blas lives with his parents on Saipan and is dependent on them for support.

He also said Blas religiously observed the conditions of his temporary release before his trial after his parents posted a $10,000 bail on his behalf, besides executing a mortgage to secure the bond.

“Further, since his release, defendant has proven to this Honorable Court that he does not pose a danger to himself nor to the community,” Sers Nicholas said.

Sers Nicholas asserted that Blas’ appeal on his conviction and sentence is meritorious and is not being resorted to delay the criminal justice process. He said the appeal has merits that could eventually turn in Blas’ favor by negating the possibility of further imprisonment.

He explained that the appeal presents questions on inconsistent verdicts, referring to Blas’ acquittal by the jury on a charge of vehicular homicide and Judge Juan T. Lizama’s conviction of Blas on DUI and reckless driving.

He also cited a pertinent statutory provision on vehicular homicide: “Whoever shall unlawfully and unintentionally cause the death of another person while engaged in the violation of any law applying to the operation or use of a vehicle or to the regulation of traffic shall be guilty of homicide when the violation is the proximate cause of the death.”

Sers Nicholas contended that, since the jury acquitted Blas on a charge of vehicular homicide, the same jury unanimously found the defendant to be in no violation of any traffic law. Sers Nicholas said DUI and reckless driving were two traffic offenses that the jury was instructed to consider before handing down its verdict.

CNMI chief prosecutor David Hutton and assistant attorney general Grant Sanders refuted Sers Nicholas’ argument, saying that the jurors were not given questions on the charges of DUI and reckless driving, which were under the jurisdiction of the bench. They said what was only clear about the jury’s finding is that Blas was not guilty of vehicular homicide.

The prosecutors also contended that Blas’ release pending appeal is unnecessary and unwarranted, adding that the public has an interest in seeing convicted persons serve their sentences immediately.

The vehicular mishap Blas was involved in during the wee hours of Dec. 26, 2003 resulted in the death of a 13-year-old boy, who was among the defendant’s passengers on a pickup truck that smashed a light post. Prosecutors said the impact of the crash threw away the victim from the vehicle and fatally injured him.

Blas reportedly surrendered to the Department of Corrections last Monday to comply with the Judge Lizama’s order.

Lizama imposed a partially suspended five-year-prison term on Blas for his conviction on DUI and reckless driving, leaving out 18 months of the prison term from suspension. Lizama’s ruling meant that Blas would serve at least 18 months in jail before he could be released on supervised probation to complete the entire five-year term.