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Sentencing of ex-detention guard continues today
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Posted on May 30 2012
The federal court began yesterday the sentencing hearing of Tyron Farley Reyes Fitial, a former detention guard who has pleaded guilty to enticing a minor.
When Saipan Tribune left the courtroom past 5pm, U.S. District Court for the NMI Chief Judge Ramona V. Manglona was still presiding over the hearing. Saipan Tribune later learned that Manglona will continue the hearing today, Thursday.
Fitial has already been in custody for 720 days as of yesterday.
At the hearing, assistant U.S. attorney Clyde Lemons Jr. called three persons to the witness stand, including attorney Bruce Mailman, who is serving as guardian ad litem for the girl and her brother.
Describing the girl as a “multi-abused” child, Mailman said the sexual abuse began when she was just 12. Three men, including Fitial, were involved, according to Mailman, but he conceded that Fitial was not involved in the sexual abuse at the time when the girl was 12.
Mailman related that when he first met the girl after being appointed her guardian in April 2010, she was then 13, very silent, and couldn’t look at anyone directly.
Now the girl is into sports, talks, and laughs, Mailman said. “It’s an amazing turnaround. Her behavior is not entirely normal, but progressing.”
He said the girl’s current foster parents devote much of their time taking care of her and that the girl remains afraid of Fitial and is scared of meeting the defendant.
Mailman said the girl’s brother was at one point in trouble for harassing or intimidating a person and was utterly terrified when told that he would be going back to the Juvenile Detention Unit.
Mailman said that both children were severely traumatized.
Fitial was accused of forcing three wards at the Juvenile Detention Unit to engage in sex acts. He pleaded guilty to enticing a minor, but not actual sexual penetration.
Assistant U.S. attorney James Benedetto, who first handled the case, had stated that between October 2009 and February 2010, Fitial, who was then a guard at the Juvenile Detention Unit, had a phone conversation of a sexual nature with a female 13 to 14 years old. Benedetto said it was Fitial’s intent to get the girl to meet with him.
Fitial’s defense attorney is Michael Evangelista.
