Ex-CTC chair Fitzgerald gets paroled

James Michael P. Fitzgerald, former chairman of the defunct Commonwealth Telecommunications Commission, was granted parole yesterday some two years after being sentenced to five years for stealing $88,000 from the commission.

The Board of Parole also denied parole to Oscar Reyes Babauta, placed under review the parole application of Elaine Quitugua Terlaje, and revoked the parole granted to Ignacio M. Leon Guerrero.

The six-member baord chaired by Ramon B. Camacho deliberated yesterday on the four cases after completing its hearing on Fitzgerald’s application. The board heard the applications of Babauta and Terlaje on Wednesday.

Parole chief Joseph T. Guerrero said Fitzgerald was granted parole, with some conditions that he must comply with.

Fitzgerald’s wife spoke to support the grant of her husband’s parole. Nobody opposed his application.

In November 2008, the then 53-year-old Fitzgerald pleaded guilty to five counts of theft involving a total of $16,591.66. He was sentenced in March 2009 to five years in prison, two years of which shall be served without parole.

Superior Court associate judge David A. Wiseman also required Fitzgerald, among other conditions, to pay the CNMI government $88,202.92 in restitution.

In Babauta’s case, the board decided that releasing Babauta at this time “would belittle the seriousness of his crime and promote disrespect for the law.”

Babauta pleaded guilty in February 2002 to murder in the second degree for shooting his cousin, Jose Boki Babauta, with a rifle on Feb. 1, 1997. Babauta was sentenced to 27 years in prison.

During Wednesday’s hearing at the Department of Corrections, Babauta assured the board there would be no more bloodshed in the Babauta clan if he is granted parole.

“I promise I will follow all the things that the board will require me to do. There will be no guns. I will be gun-free,” said Babauta, who said he was a certified sharpshooter when he was in military service. “I want peace to everybody.”

Saipan Tribune learned that seven persons testified in support of Babauta’s application.

The board also gave the victim’s side 30 minutes to testify.

Among the seven persons who testified for the victim’s side was the victim’s wife, who now lives in the U.S. mainland. She testified via teleconference.

Board member Rose Hocog-Ada stated that their main concern is public safety. She said they received letters asking the board to deny Babauta’s parole application, but they also got letters supporting his parole.

In Terlaje’s case, parole chief Guerrero said the board’s decision is under review and will be provided once it is completed. Saipan Tribune learned that the board is reviewing the court’s order with respect to restitution.

Four persons and some family members came to support Terlaje’s parole. No one appeared at the hearing to oppose her application.

Terlaje is a former Commonwealth Utilities Corp. Credit and Collections Division supervisor who was sentenced in February 2009 to three years in prison for her involvement in a disconnection scam.

At Terlaje’s sentencing, Judge Ramona V. Manglona had said that Terlaje shall not be eligible for parole until she has served at least two years in prison, has made full restitution, and has complied with all the terms of the plea agreement.

Leon Guerrero on the other hand, waived his right to a revocation hearing.

The board determined that Leon Guerrero failed to comply with the condition of his parole and has engaged in another criminal activity.

Leon Guerrero was arrested in May 2007 for allegedly burglarizing the Hakubotan Building in Chalan Laulau.