Mafnas complains of inhumane treatment

U.S. District Court Chief Judge Alex R. Munson has ordered the inspection of cells at the Guam Department of Corrections, after former Police Officer Eric John Tudela Mafnas, who is detained at the facility, complained of inhumane treatment.

Munson set the inspection schedule for Tuesday, Jan. 3, at 1:30pm.

The Saipan Tribune learned that the inspection pushed through, but this has yet to be confirmed by official sources.

In an order issued last Thursday, the judge said the court, U.S. Marshal, Mafnas’ counsel Howard Trapp, Assistant U.S. Attorney Timothy Moran, and possibly G. Anthony Long would visit and inspect the Guam DOC in Mangilao. Munson said they would particularly visit Post 6 in the south wing and Post 6 in the east wing.

Long is counsel for Mafnas’ co-defendant, former Police Officer Charley K. Patris.

Mafnas and Patris are detained in Guam while awaiting their sentencing in federal court.

Mafnas stated in an affidavit 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 said that during his detention for 43 days in the south wing cell, he was subjected to immense heat 24 hours a day and that his cell was continuously lighted.

“I was made incapable of uninterrupted sleep, and in constant sweat, significantly affecting my physical and mental well-being,” he said.

Mafnas said he remained isolated from other prisoners and was constrained by heavy leg irons.

He said that on Oct. 8, 2005, he was transferred to the east wing of Post 6.

Mafnas said this time he was confined with another detainee, making it even more difficult for him to pace around.

He said that whenever his cellmate uses the toilet, he is forced to inhale the odor, which lingers in the cell because there is no adequate ventilation or circulation of clean air.

Mafnas said Post 6 houses the inmates who have been convicted of serious crimes.

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

Mafnas, through counsel Trapp, has asked the court to dismiss the indictment. He argued that his detention while awaiting sentencing is excessive and in violation of his constitutional rights. Patris, through Long, joined the motion, saying double jeopardy precludes such double punishment.

In August 2005, a jury found Mafnas guilty 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 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.