Case against two men accused of rape is dismissed

At the behest of the CNMI government, a Superior Court judge has dismissed the charges filed against two men accused of raping a 52-year-old woman on Saipan.

However, Associate Judge Joseph N. Camacho gave the Office of the Attorney General until Dec. 13, 2019, to re-file the case. If not, he intends to dismiss the case against Jaime Always, 47, and Youwan Weiner Sony, 29, with prejudice, which means the government cannot re-file the case.

The judge noted that this case has been filed and dismissed, then the OAG re-filed the case a second time and now the government wants it dismissed again.

At a hearing last Dec. 14, assistant attorney general Teri C. Tenorio moved to dismiss the case against the defendants without prejudice.

Always was present but his counsel, chief Public Defender Douglas W. Hartig, did not appear. Through Hartig, Always filed a non-opposition to the government’s motion last Dec. 12.

Sony did not appear but was represented by his court-appointed counsel, Phillip Tydingco.

The OAG had argued that it can wait many years and re-file the case as long as the statute of limitation has not yet expired.

But Camacho expressed concern that this case “will fall through the cracks” and be forgotten.

Camacho said the longer the OAG waits to re-file the charges, the more likely the witnesses’ memory will fade, witnesses will move away or otherwise become unavailable to testify, that excessive time makes it harder for the prosecutor and defendant to call key witnesses.

The OAG claims that the case is being dismissed to allow the alleged victim to seek counseling and treatment.

Camacho said he is sympathetic to the alleged victim’s needs, but he also has to balance the need for the OAG and the defendant to resolve the case in a timely manner.

Therefore, the judge said, the OAG has until Dec. 13, 2019, to re-file the charges; otherwise the case is dismissed with prejudice.

Camacho vacated the motion hearing set for Feb. 20, 2019.

Camacho further ordered that any or all bail posted be exonerated and defendants’ travel documents be released to them.

Tenorio recently informed the court that the alleged victim in the case has requested counseling and treatment. Tenorio did not indicate what kind of counseling and treatment were requested.

The prosecutor said as the duration of the requested treatment remains unknown and because the time limitation to begin a prosecution has not expired, the “Commonwealth believes it is in the interest of justice to dismiss the instant matter without prejudice.”

Last March, Camacho dismissed without prejudice the charges against Always after finding during a preliminary hearing that no probable cause to believe that the crimes of two counts of sexual assault in the first degree were committed.

The OAG then re-filed the charges against Always.

Last September, the Office of the Public Defender moved to dismiss count 2 of the third amended information charging Always with sexual assault in the first degree.

Assistant public defender Heather M. Zona asserted that the government failed to set forth facts sufficient to place Always on notice as to what it is he is alleged to have done.

According to police, officers responded to a house last Feb. 4 to investigate a reported sexual assault incident.

Upon arriving at the scene, the officers met a woman, who stated that two men she identified as Always and Sony raped her.

Always and Sony were found by the officers still sleeping inside the house where the rape allegedly happened.

Igitol said Always and Sony were interviewed and admitted to having had sex with the woman, but that it was consensual.