‘Govendo has a pattern of changing his orders’

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Posted on Apr 27 2008
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Superior Court Associate Judge Kenneth Govendo has a pattern of changing his ruling on the bench without conducting a hearing, according to attorney Antonio M. Atalig.

Atalig said in the first order he issued on the bench Govendo ordered him and attorney Reynaldo O. Yana to spend 30 days in jail for civil contempt.

“Later on he (Govendo) changed it. We’re beginning to realize that this judge loves to change his orders he issued on the bench,” said Atalig after Friday’s hearing when police re-arrested him and Yana.

Atalig said Govendo has a pattern of changing his oral order through a written decision.

“He is known for issuing orders on the bench, and then issuing a different order in writing,” he pointed out.

On their re-arrest, Atalig said it is not their fault, but “the systems’ mistake.”

He said he and Yana were expecting for their re-arrest so they were just waiting for the police at their respective houses last Friday.

“This is not the justice that I am thinking,” Atalig stressed.

Yana refused to comment.

On Friday afternoon police re-arrested the two lawyers after they were “wrongfully released” by the Department of Corrections Thursday morning.

Police picked up Yana and Atalig after Govendo issued that day a bench warrant for their arrest.

Govendo issued the warrant after learning that, after he remanded the two lawyers into custody Thursday morning, DOC immediately released them.

Govendo imposed a $1.3 million bail each for the lawyers’ release.

After their arrest, Yana and Atalig were brought before associate judge David Wiseman for a bail hearing Friday afternoon.

At the hearing, Yana explained that by April 24 (Thursday) they were already in detention for 30 days.

Wiseman read Govendo’s order issued last Thursday that clearly stated the order set no fixed jail term and remanded them to DOC.

Wiseman said the two were wrongfully released by DOC. He remanded the two to jail.

On March 28, Govendo issued the contempt order and ordered Yana and Atalig to be imprisoned until they disgorged the $1.3 million that they received in the Angel Malite estate probate.

During Thursday’s review hearing, Govendo threw the two lawyers back to jail for their continued failure to return the money.

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