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Sentencing of Mafnas, Patris canceled
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Posted on Feb 17 2006
The federal court yesterday moved to next week the sentencing of former police officers Eric John Tudela Mafnas and Charlie Kintaro Patris.
U.S. District Court Chief Judge Alex R. Munson postponed the sentencing of Mafnas after the defendant’s Guam-based lawyer, Howard Trapp, informed the court yesterday that he could not make it to the scheduled 1:30pm hearing.
The flight from Guam to Saipan was reportedly canceled yesterday due to engine problems.
Munson reset the sentencing of Mafnas to Wednesday at 9am.
The judge also postponed the sentencing of Patris in order for the court to have sufficient time to examine the defendant’s objection to being sentenced by Munson.
The judge said he had no ample time to review Patris’ motion, which was filed in court on Thursday afternoon.
“I’m simply not prepared to proceed with the sentencing,” Munson told the prosecution and the defense yesterday at 5pm.
Attorney G. Anthony Long, counsel for Patris, asserted in his motion that U.S. Court of Appeals for the 9th Circuit Judge A. Wallace Tashima should serve as the sentencing judge since he presided over the trial and that there is no indication on record that he is unable to preside over the sentencing.
Mafnas and Patris were already on Saipan for the hearing.
The defendants were charged in connection with stealing of cash and illegal drug evidence from the Department of Public Safety.
A jury found Mafnas guilty in August 2005 on charges 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 on charges of making false statements, perjury, and accessory after the fact. He was acquitted on charges of conspiracy to commit theft, false statements and perjury; and theft concerning programs receiving federal funds.
