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Judge: Plea accord offered to sex abuse suspect ‘too lenient’
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Posted on May 16 2012
Superior Court Presiding Judge Robert C. Naraja has rejected the plea agreement the prosecution is offering a man accused of sexually abusing two girls, saying the recommended sentence of 29 months is “too lenient.”
“There is a great concern that granting too lenient of a sentence in this case will undermine our community’s campaign against child abuse by negating the valuable deterrent effect that a harsh punishment carries,” Naraja said.
Marcelino Carlos Jr. has been in jail since December 2009. His trial will begin on May 29, 2012, at 9am.
Under the proposed plea agreement, the 42-year-old Carlos would plead guilty to two counts of sexual abuse of a minor in the second degree.
Naraja, however, does not feel that the plea agreement is just in view of the proposal that Carlos will serve 10 years in prison, all suspended except for 29 months, with credit for time served.
Naraja said that under the agreement, Carlos, a Filipino, would be deported in June 2012, which means he will serve only a very short time in prison compared to the seriousness of his crimes.
Naraja said the circumstances surrounding the charges are especially egregious because of the severe trauma a victim usually endures when there exists a “special relationship between the perpetrator and victim.”
In supporting the plea agreement, assistant attorney general Eileen Wisor said the two child victims are presently living in Guam and would prefer not to testify.
“Given the CNMI is in a state of grave fiscal uncertainty, this plea agreement serves to facilitate the defendant’s removal, prevent chance encounters with the victims ensuring their safety, and save the CNMI in excess of $30,000 per year—in total $165,000 at a minimum,” Wisor said.
Police said Carlos allegedly sexually abused a girl when she was then 8 or 9 years old. Carlos also allegedly sexually abused another teenager when she was just 8.
Carlos is represented by chief public defender Adam Hardwicke and assistant public defender Daniel Guidotti.
