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Chief Judge Munson rejects Patris’ objection
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Posted on Feb 21 2006
U.S. District Court for the NMI Chief Judge Alex R. Munson yesterday denied the objection of former police officer Charlie Kintaro Patris against him conducting the sentencing.
The Saipan Tribune learned yesterday late afternoon that Munson issued an order stating he has the judicial discretion to hold the sentencing of Patris.
Munson cited that he became familiar with the case because he presided over the pre-trial proceedings and has also reviewed all the documents.
Munson continued to this week the sentencing of Patris and his co-defendant, former police officer Eric John Tudela Mafnas.
The judge postponed the sentencing of Patris last Friday in order for the court to have sufficient time to examine the defendant’s objection to being sentenced by Munson.
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.
Munson postponed the sentencing of Mafnas after the defendant’s Guam-based lawyer, Howard Trapp, informed the court Friday that he could not make it for the scheduled 1:30pm hearing because the flight from Guam to Saipan was canceled that day.
Munson reset the sentencing of Patris to Thursday and Mafnas to today.
The defendants were charged in connection with stealing of cash and illegal drug evidence from the Department of Public Safety.
In August 2005, the jury found Mafnas guilty 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.
