Castro’s motion to dismiss traffic citation OK’d

Corrections director Gregory Frank Taitano Castro’s motion to have the traffic citation issued against him be dismissed was granted Friday.

Superior Court Associate Judge Joseph N. Camacho ruled that the charging document filed against Castro does not contain elements of the offense he is charged with and fails to inform him of the charges against which he must defend himself.

The judge said the charging document does not provide sufficient information to enable Castro to plead an acquittal or conviction.

Castro was issued a traffic citation over the alleged misuse of a government vehicle.

Due to the government’s failure to make timely discovery, the late hour of discovery, and the government’s motion to amend the citation from a non-violation to a code section with three possible offenses, Camacho said there is good cause shown to allow Castro to raise this issue after the start of trial.

Camacho said there is nothing on the record to show that the insufficient citation was supplemented by discovery, enough to put Castro on notice.

He said Castro must defend against a charge that entails up to three possible offenses.

“The citation in its present form is insufficient to put the defendant on notice,” Camacho said.

The judge said the traffic citation provided in this case, which only lists the code section without providing elements or factual basis, in not enough to put Castro on notice of the charges against him as required by the Sixth Amendment of the U.S. Constitution.

Camacho said the U.S. and CNMI constitutions require that the citation be dismissed as deficient.

With Camacho’s ruling, Castro still needs to make a formal motion to dismiss the case.

The traffic citation charged Castro with four offenses: Operating a government vehicle for a purpose other than official government business, operating a government vehicle with tinting on its windows, operating a government vehicle without government identification markings on the front doors, and operating a government vehicle without government license plate.

The bench trial of Castro commenced last July 10. That same day, the government moved to amend one charge. The judge granted the request.

Last July 10 and 11, Castro, through counsel Rene Holmes, asked that the court to reconsider its order allowing assistant attorney general Jonathan Wilberscheid to amend one charge in the citation.

Holmes pointed out that the citation did not provide adequate notice of the charges and thus violated Castro’s right to due process. Holmes moved to dismiss the case and also asked the court to reconsider its ruling regarding amending the citation.

The Office of the Public Auditor allegedly caught Castro using an unmarked DOC vehicle going to the Marianas Country Club in Marpi in the morning of March 15, 2017, to play golf. The vehicle had civilian plate number and tinted windows. He allegedly played golf with his brother for three hours.
Castro, 58, pleaded not guilty.