Alleged ‘ice’ paid in exchange for stolen TV found to be sugar

The two baggies that contained alleged methamphetamine or “ice” that a habitual offender handed to a co-defendant in exchange for a stolen 30-inch flat screen TV, turned out to be sugar.

The discovery about sugar came out during a preliminary hearing last Dec. 24 in the case against the 28-year-old Joseph Aldan.

Superior Court Associate Judge Joseph N. Camacho eventually dismissed the criminal case against Aldan and ordered his release from the custody of the Department of Corrections.

The original preliminary hearing was set for Dec. 23, but the Office of the Attorney General failed to file a charging document by the deadline. This prompted Camacho to dismiss the case and ordered Aldan’s release.

The OAG then immediately filed the charging document and Aldan was taken back into the DOC custody. The preliminary hearing was then set for Dec. 24.

At the hearing, assistant attorney general Clayton Graef stated for the record that the government will not prosecute conspiracy to commit theft as charged in count 2 of the information.

Assistant public defender Michael Sato, counsel for Aldan, did not call any witness.

In his minute order issued yesterday, Judge Camacho said the government failed to present any evidence that indicated that Aldan knew or should have known that the TV did not belong to co-defendant, Michael Manalo.

Furthermore, Camacho said the government’s arguments did not support the information (charging document) that was filed for the preliminary hearing.

The judge noted that in count 1 charging Aldan with theft, the government lists Michael Manalo’s grandmother, Elphidia Aguon Manalo, as victim yet the government argues that Michael Manalo is the victim because Aldan allegedly sold him two baggies containing only sugar.

“The government seems confuse how to treat Michael Manalo as a victim or co-defendant, and especially confuse whether the Office of the Attorney General can charge a person for attempting to buy illegal drugs when in fact that person only got plain sugar sold at most stores in Saipan,” Camacho said, adding that the government failed to proof probable cause as to the theft count.

Police Detective Catherine B. Pangelinan testified that when Michael Manalo smoked the first baggie, the “substance” turned brown.

Pangelinan said when Michael Manalo tasted the “substance” in the second baggie, he discovered it was sugar.

Pangelinan stated that it was Michael Manalo’s mother herself who called police last Dec. 1 to disclose that her son stole his grandmother’s TV.

Pangelinan said Manalo admitted that he took the TV from the room that belongs to his grandmother and gave it to Aldan in exchange for “ice.”

Aldan’s previous cases going back to 2001 include robbery, theft, and assault with a dangerous weapon.

Manalo’s case is pending in court. He was released on unsecured bail. In his previous criminal case, he was found to have mental issues.