Kin of domestic violence victim slams AGO’s plea bargain offer

The family of a woman who reportedly died as a result of a beating at the hands of her live-in partner slammed the Attorney General’s Office yesterday for offering a plea bargain to the defendant.

The objections of the family of victim Vickyann Maratita Igitol prompted Superior Court Presiding Judge Robert C. Naraja to continue the change of plea hearing for defendant Akilino Passiano Elyeisar this Friday at 9am.

When Naraja called the case against Elyeisar yesterday afternoon, former Carolinian Affairs director Victorino Igitol, the father of the victim, stood up behind the prosecution’s table and announced his objection to the hearing.

Naraja ordered Victorino Igitol, assistant attorney general Kevin Lynch and assistant public defender Douglas Hartig to approach the bench where he listened to Igitol’s protest.

The judge was observed talking to Victorino Igitol as the two opposing lawyers listened.

After a few minutes, Victorino Igitol and the lawyers went back to their respective seats.

Naraja then explained to Victorino Igitol that only the government can criminally prosecute a defendant and that, if he wishes, he can file a civil case by hiring a lawyer.

The judge also encouraged the parties to continue the proceedings.

While the judge was still discussing the case, Victorino Igitol’s wife, Alice Igitol, was observed crying. She then went out of the courtroom.

Naraja later called for a 15-minute recess.

In an interview with the Saipan Tribune outside the courtroom, Alice Igitol assailed Lynch and Chief Prosecutor Jeffrey Moots for “not doing their job.”

“They just want to get rid of this case. They didn’t even tell us about this hearing. They called my [other] daughter only yesterday,” Alice Igitol said.

Alice Igitol said they don’t agree with the recommendation in the plea agreement.

Under the agreement, Elyeisar would plead guilty to aggravated assault and battery. The government would recommend a jail term of 22 months, with credit for the time the defendant has already spent in jail.

Elyeisar has been in jail for about 20 months.

After his release from jail, the defendant would then be deported to Chuuk as part of the agreement.

Alice Igitol said that, when then Deputy Attorney General Clyde Lemons was handling the case, he wanted to bring the case to trial.

When asked about the jail term that the family wants imposed on Elyeisar, Alice Igitol responded, “Throw [away] the [jail’s] key!”

When asked the same question, Victorino Igitol only told the Saipan Tribune, “It [plea agreement] is unfair for me.”

Lynch refused to comment.

“It’s a pending case. What I can only say is that the hearing will be on Friday at 9am,” Lynch said.

According to court records, police responded to a residence in Kagman on May 13, 2004, based on the call of a neighbor who suspected a domestic violence case.

When interviewed by police, however, Vickyann Igitol claimed she fell from a stool while she was trying to reach something from the top of her cabinet.

Elyeisar claimed he was sleeping at that time.

Four days later, however, the victim reportedly confided to her father what really happened. Her body from the neck down was reportedly paralyzed until she died of complications a few weeks later.

The defendant was first charged with aggravated assault and battery, assault and battery, and disturbing the peace. With the victim’s death, the defendant was subsequently charged with second-degree murder.

According to Guam chief medical examiner Dr. Aurelio Espinola the cause of death was injury to the neck.

Espinola testified in court that, in his opinion the death of 38-year-old Vickyann Igitol was a homicide and not due to an accident from a fall.

During his autopsy, Espinola said he ruled out that the victim fell from a stool because there was no injury to her scalp and brain.

The injury to the neck was not consistent with the fall, the medical examiner pointed out.

Dr. Tom Austin of the Commonwealth Health Center also testified that Vickyann Igitol died of complications as a result of injuries to the neck.

Vickyann Igitol died of pneumonia as a consequence of her injuries, said Austin, who in his report determined that the victim’s two pieces of bones in the nape were dislocated.

The findings conclude that the victim’s head must have been forced forward to cause the bones to be dislocated.