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Federal court OKs another delay of ex-cop’s trial in police brutality case
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Posted on Nov 13 2011
The federal court has granted the request by the prosecution and the defense counsel to delay again the jury trial of a former police officer who is facing charges of using excessive force while making a false arrest of two men when he was still with the Department of Public Safety.
U.S. District Court for the NMI Chief Judge Ramona V. Manglona on Thursday set Feb. 7, 2012 as the new jury trial date for Francisco S. Pangelinan.
Manglona ordered the parties to file pretrial motions by Jan. 12, 2012.
Attorney Robert T. Torres, court-appointed counsel for Pangelinan, and assistant U.S. attorney Garth Backe agreed to continue the trial.
Judge Manglona accepted the stipulation.
Torres also asked the court to modify the defendant’s release conditions.
Backe as well as the U.S. Probation Office did not object.
Judge Manglona granted Pangelinan’s motion to modify the release conditions.
The trial was originally set for Aug. 22, 2011. The trial was moved to Nov. 1, 2011 then continued again to Dec. 19, 2011.
The parties cited that the case agent for the FBI will not be available on Dec. 19 and that the prosecutor, who was only recently assigned to the case, requires more time for preparation.
The parties also have discussed and continue to talk on non-trial disposition of the case.
The prosecution and the defense counsel have also agreed to modify the bail conditions to allow Pangelinan to attend to his gravely ill grandmother as well as assist with the transportation and care of his daughter.
The house arrest and electronic monitoring conditions were imposed on Pangelinan on belief that his substance abuse use may pose a challenge for him.
The parties agreed that the treatment and continued monitoring have sufficed to show a period of compliance and that Pangelinan will comply with all conditions.
Pangelinan was indicted on three counts of deprivation of rights under color of law. He has pleaded not guilty.
According to the indictment, on July 6, 2010, Pangelinan as then police officer, sprayed pepper mace into the eyes of two men, resulting in bodily injury. He allegedly arrested one of them without probable cause.
