Court thumbs down suspect’s property bond and 3rd party custodian request

By
|
Posted on Dec 09 2011
Share
By Ferdie de la Torre
Reporter

Superior Court associate judge Joseph James Norita Camacho denied a request to post a property bond and be released to his wife made by one of three suspects who allegedly beat up and fractured the left jaw of a 70-year-old man in Dandan.

At a bail modification hearing on Wednesday afternoon, Camacho determined after questioning in Chamorro that Nora Norita, the wife of defendant Juan Norita Jr., is not suitable to serve as third party custodian for her husband.

Mrs. Nora Norita testified that the 48-year-old Juan Norita is the head of the house and that she listens to him.

Camacho determined that Mrs. Norita will not be able to control Juan Norita if he is released into her custody.

At the start of the hearing, the judge informed assistant attorney general Nicole Driscoll and the defendant’s counsel, assistant public defender Benjamin Petersburg, that he is a distant relative of Juan Norita.

Camacho, however, advised the lawyers as to the American Bar Association Model Rules of Professional Conduct 2.11 that pertains to definition of third degree of relationship.

The ABA Rule 2.11 states that third degree of relationship includes the following persons: greatgrandparent, grandparent, parent, uncle, aunt, brother, sister, child, grandchild, greatgrandchild, nephew, and niece.

Camacho’s relationship with the defendant does not belong to third degree of relationship’s category.

Both the prosecution and the defense counsel did not object to Camacho presiding over the bail modification hearing.

Petersburg requested the court to allow defendant’s release into the custody of a third-party custodian and upon signing an appearance bond in the amount of $16,250 secured by property consisting of 907 square meters of land.

In opposing the bail modification, Driscoll noted that with his actions in the case, Juan Norita has demonstrated a blatant disregard of CNMI laws and for the safety of citizens in the Commonwealth.

“The defendant stands accused of acts that were wholly unprovoked and exceptionally violent, particularly considering the advanced age of victim (Pantaleon P. De Jillas),” Driscoll said.

The prosecutor said the damage caused by this assault and battery will potentially require continued medical attention and/or surgery to correct.

Driscoll said Pantaleon De Jillas had just been involved in an auto-pedestrian accident, and had stopped to render aid to the girl that was struck by his truck when Juan Norita and his son, Jerome Kaipat Norita, 23, and another man, beat him up.

The alleged beating happened along Flame Tree Road in Dandan in the morning of Dec. 2, shortly after Panteleon De Jillas accidentally struck the girl with his truck. The girl was injured.

Pantaleon De Jillas’ son, Ernie Matagolai De Jillas, was also treated by paramedics after Juan Norita also allegedly smacked his right ear with a piece of hollow block.

As of yesterday, it was not clear yet whether the third suspect, Fred Kaipat, was already arrested.

admin
Disclaimer: Comments are moderated. They will not appear immediately or even on the same day. Comments should be related to the topic. Off-topic comments would be deleted. Profanities are not allowed. Comments that are potentially libelous, inflammatory, or slanderous would be deleted.