Camacho revokes probation of habitual offender

Superior Court associate judge Joseph N. Camacho yesterday revoked the probation of a habitual offender and re-imposed the remaining five years sentence in his previous case over the burglary at Marianas Cable Vision in Susupe in 2006.

Camacho said defendant Joseph A. Crisostimo’s long criminal history and recent charges bespeak a deep lack of respect for the law, and the people of the CNMI.

“Defendant appears to have mistaken the court’s previous kindness for weakness,” Camacho said. “The court expects that defendant now appreciates the extent of judicial discretion.”

The judge ordered that defendant “is not eligible for parole, early release, or the like, he is to serve day to day five years from this date.”

Camacho admonished the defendant that he remains fully liable for restitution to MCV pursuant to the court’s previous order.

Camacho said based on evidence presented at yesterday’s hearing, he finds by a preponderance of the evidence that Crisostimo violated the terms of his probation by being in possession of a controlled substance in violation of the CNMI laws.

Crisostimo served five years of a 10-year jail sentence imposed on him after his conviction for burglarizing MCV in 2006. His brother, Calistro, and William Jerome T. Deleon Guerrero, were also convicted and served jail term in that burglary in which a safe box containing $34,319.25 in cash, checks, and credit card payments were stolen.

Crisostimo was released on probation Dec. 18, 2011.

After Crisostimo was arrested last January for possession of methamphetamine or “ice,” the Office of the Attorney General then sought the revocation of the probation and suspended sentence of Crisostimo.

Adult Probation Officer Jose P. Mafnas, in his affidavit of probation violations, said that on March 20, 2008, the court ordered the defendant to pay a $25 court assessment fee within 30 days of his release from custody; not possess or consume any alcoholic beverages during the entire term of his probation; and obey all CNMI and federal laws.

Mafnas said Crisostimo failed to make any payments toward his court assessment fee of $25 within 30 days of his release from custody.

Mafnas said the defendant was also arrested on Jan. 11, 2012 for a drug-related charge.

Mafnas said as Crisostimo was arrested for a drug-related charge he therefore failed to obey all CNMI and federal laws.

The Office of the Attorney General filed an amended information, charging Crisostimo with illegal possession of controlled substance, and criminal contempt.

At yesterday’s hearing, the OAG called to the witness stand: Probation Officer Mafnas, Detective Steven Castro, Detective Dennis Reyes, co-defendant John Namauleg, and Drug Enforcement Agency special agent Bryan Todd.

Namauleg testified he saw Crisostimo purchase “ice”, saw him smoke it and saw the arresting officers recover a glass pipe from the backseat of the car.

Assistant attorney general Russell Lorfing appeared for the government. Assistant public defender Douglas Hartig served as counsel for the defendant.

Based on Probation records, beginning in 1996, Crisostimo was charged in 10 separate cases, including the one for which he is now on probation. The charges included among others, theft, burglary, assault and battery, criminal mischief, conspiracy, receiving stolen property, theft of vehicle, and possession of a controlled substance.

During approximately the same period, Crisostimo was charged in an additional 14 separate cases which never proceeded to the OAG for prosecution. The charges included, among others, assault and battery, criminal trespass, disturbing the peace, child abuse/neglect, resisting arrest, reckless driving, assault with a dangerous weapon, and criminal use of a firearm.