Defense wants case dismissed ‘with prejudice’

The defense counsel for a man accused of raping a minor at a beach in Susupe want the Superior Court to dismiss the lawsuit against his client “with prejudice” instead of “without,” as requested by the prosecution.

Attorney Robert T. Torres, the defense counsel for Tim Onopey, has filed a motion opposing the Office of the Attorney General’s request to dismiss the case against his client without prejudice. He, instead, wants the court to dismiss the lawsuit with prejudice.

Dismissal “without prejudice” means the government can refile the charges against Onopey whenever they choose to while “with prejudice” means the charges cannot be filed again.

Torres argues that the government should not have the luxury of holding the “sword of Damocles” over a defendant by dismissing a case “when it knows, based on the evidence it possesses, that the facts compel against continued prosecution is in favor of dismissal with prejudice.”

“The government has not provided factual basis to support the notion that dismissal without prejudice is in the interest of justice. It would be manifestly unjust to dismiss the case without prejudice for the government to be able to re-charge Mr. Onopey at a time of its choosing, when…Mr. Onopey was and is prepared to assert his right to a speedy trial and jury trial,” Torres said.

Superior Court Associate Judge Joseph N. Camacho will hear the matter for Dec. 15 at 10am.

According to Saipan Tribune archives, Onopey, 25, and co-defendant Frankie Rettanlug, 27, were accused of raping a 17-year-old girl in the beach near Guma Sakman in Susupe.

Recently, the Camacho sentenced Rettanlug to eight years in prison after he pleaded guilty to sexual assault in the first degree.

Court documents state that prior to the rape, Onopey gave the minor a beer before repeatedly asking her to swim with him. The victim said she accepted the beer and eventually agreed to go swimming. She told police that she and Onopey swam to the buoy and that’s when Onopey allegedly sexually assaulted her.

The 17-year-old told police she tried to move away from Onopey but every time she did so, he would pull her back. The victim said she repeatedly asked Onopey to stop, to no avail.

After the alleged sexual assault, the victim said they swam to shore but she was afraid to get help because Onopey was still in the area.

While on the shore, the minor said she was feeling dizzy and felt like she was going to faint, so she laid down to rest and eventually fell asleep.

When she woke up, she said Rettanlug approached her and asked what happened to her and Onopey and then invited her to go closer to the shoreline.

When she refused, the victim said Rettanlug dragged her to the beach where Rettanlug sexually assaulted her. The victim said she managed to get away from him but he grabbed her legs and dragged her back so she kicked water in his face, which caused him to stop.

When she got away, she said she went to where there were people she could talk to about the incident.