Alleged drug dealer wants to see records of some law enforcers

An alleged methamphetamine dealer wants to see information, including Internal Affairs records, concerning law enforcers involved in his case, as part of preparation for his trial.

San Nicolas

Joseph T. White, through counsel Joey P. San Nicolas, said in a motion filed Monday before the Superior Court that the evidence and information he is asking for is material to his defense.

Associate Judge Joseph N. Camacho will hear White’s motion on July 1 at 10am at the Supreme Court courtroom.

San Nicolas said disclosure of the requested information would be neither unreasonable nor oppressive to the CNMI government, but will facilitate a fair, efficient, and just disposition of the charges against White.

San Nicolas said they requested the information from the government last Oct. 17, but they have not been produced. He said they requested production of criminal record and legal status of all witnesses, Henthorn material concerning the law enforcers involved, and all field notes and briefing notes of those law enforcers.

Henthorn gives defense attorneys the right to any information in an agent’s personnel record relating to dishonesty, perjury, and others that can be used to discredit an agent’s testimony.

San Nicolas said they also requested materials concerning performance goals and awards for those law enforcers, any “deals” or promises made to any witness in exchange for testimony, and the reports of all scientific tests and examinations conducted in this case.

Citing precedent, the defense counsel said suppression by the prosecution of evidence favorable to an accused violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.

San Nicolas said that White is entitled to all evidence of complaints filed against enforcement officers involved in this case, perjurious conduct or others like dishonesty contained in those files. He said any Internal Affairs investigation regarding this case would obviously contain potentially exculpatory information. Exculpatory refers to evidence favorable to the defendant that tends to exonerate the defendant of guilt.

The Office of the Attorney General charged White with one count of trafficking of a controlled substance for allegedly selling methamphetamine or “ice” on Feb. 1, 2019 on Saipan. White allegedly sold 0.1 gross gram of meth to the Drug Enforcement Task Force’s “cooperating source” during a sting operation at a parking lot of a poker arcade in San Jose.