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CNMI Supreme Court to hear Calvo’s appeal on Tuesday
With the CNMI Board of Parole recently denying his application for parole, convicted child molester Patrick Mendiola Calvo and his counsel are going to the CNMI Supreme Court next week to challenge his conviction and eight-year prison sentence
The CNMI Supreme Court set a hearing on Calvo’s appeal for Tuesday, June 3, 2014, at 10am.
Supreme Court clerk Deanna M. Ogo, in a notice of argument issued Wednesday, said each side of the parties is allotted 25 minutes to present their arguments unless the time is shortened or enlarged by the court. Ogo said a motion to postpone or allow a longer argument may be made in advance of the scheduled hearing date.
A Superior Court jury found Calvo guilty in September 2009 of sexually assaulting a 13-year-old girl the year before.
On May 27, 2010, Presiding Judge Robert C. Naraja sentenced the then 47-year-old Calvo to eight years in prison.
Last May 14, the CNMI Board of Parole heard Calvo’s application for parole. The following day, the board denied the petition, saying that Calvo’s release is not compatible with public safety and security. The board also ruled that Calvo’s early release would belittle the seriousness of his crime and promote disrespect for the law.
Based on court records, the 51-year-old Calvo actually wants a new jury trial.
Court records show that in Jan. 8, 2014, Calvo, through counsel George Anthony Long, filed the appeal in the CNMI Supreme Court. On May 2, 2014, the government, through assistant attorney general Teresita J. Sablan, filed a response.
In Calvo’s appeal, Long asserted, among other things, that prosecutorial misconduct during cross-examination of his client warrants a new jury trial.
In the government’s response, assistant attorney general Teresita Sablan asserted, among other things, that the high court should affirm the judgment on all counts, and remand for re-sentencing for the limited purpose of imposing the seven-year probation term as part of a suspended period of incarceration or fine.
The government lawyer said Calvo’s term of imprisonment of eight years and term of probation of seven years did not exceed the statutory maximums.
