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Yana’s, Atalig’s motion to stay detention placed under advisement
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Posted on Mar 30 2009
The Superior Court yesterday placed under advisement Reynaldo O. Yana’s and Antonio M. Atalig’s joint motion to stay associate judge Kenneth Govendo’s order that sent them back to jail.
After listening to the arguments by Yana and Atalig’s counsel, F. Douglas Cushnie, and Angel Malite heirs’ lawyers F. Mathew Smith and Stephen Nutting, Judge Govendo said he will issue a written decision.
Atalig asserted that the order should be stayed pending the decision of the CNMI Supreme Court on their appeal. Yana joined Atalig’s motion.
Smith opposed the motion to stay. Nutting also joined in the opposition to the motion.
Smith told Saipan Tribune after the hearing that the court should not stay the order as Yana and Atalig never intended to comply with the court’s order that directed them to return $1.3 million in attorneys’ fees.
Smith said Nutting also submitted a list of properties that Atalig could have sold to satisfy the court’s order.
Smith said Atalig and Yana never complied with the court’s order.
Last Jan. 28, Govendo ordered the continued detention of Yana and Atalig, denying them attorneys’ fees. Govendo said the two owe $1,288,500 to the Malite estate.
In a written order, Govendo said Atalig is to be imprisoned until he returns the attorneys’ fees in the amount of $500,000. The judge said Yana is to be jailed until he returns attorneys’ fees in the amount of $200,000.
Govendo said upon their release from the Department of Corrections, after having paid their respective amounts as ordered, Atalig and Yana shall then repay the remainder owed the Malite estate, until the full amount of $1.28 million has been repaid.
Atalig, through Cushnie, has appealed Govendo’s order to the CNMI Supreme Court.
Atalig and Yana have been in jail since March 2008.
