Fitial wants to come back

Former governor Benigno R. Fitial wants to return to the CNMI from the Philippines to face the criminal charges filed against him, saying he has no desire to become a fugitive.
Fitial filed with the Superior Court on Friday—through attorney Stephen Nutting—a declaration that he executed in Taguig, Global City, Philippines dated Feb. 27, 2014.

“I have no desire to become a fugitive; forever unable to see the family and friends I have acquired throughout my lifetime,” the 68-year-old former governor said.

Fitial disclosed that near the end of 2013, his health had improved to the point where it appeared that he was able to travel and that he was excited to return to his home on Saipan.

“Unfortunately, on Oct. 27, 2013, Josie’s [his wife] father suffered a very serious stroke and was not expected to survive. Fortunately, his health improved, but his ability to care for himself was severely compromised. Understandably, Josie then became one of his primary caregivers,” Fitial said.

Nutting attached the affidavit in support of Fitial’s motion on Friday that asked the Superior Court to quash the arrest warrant that Associate Judge David Wiseman issued against him. He also asked the Superior Court to schedule an initial appearance hearing for his voluntary appearance.

In an order issued Monday, Wiseman scheduled a motion hearing on March 17, 2014, at 9:30am. He ordered Nutting and the government’s counsel to appear at the hearing.

Contrary to what some may like to believe, Nutting said that Fitial’s absence from the Commonwealth has not been because of any desire to avoid addressing the criminal charges that are pending or have been threatened against him.

“His return to his home in the CNMI has simply been delayed by extraordinary and exceptional circumstances [that] were well beyond his control,” Nutting said.

In his declaration, Fitial said that in the last few months of his governance, he saw his ability to effectively lead the CNMI severely compromised by the allegations that were raised against him.

Fitial said that, although he felt he had a duty to persevere and defend against the action, he saw that the Commonwealth was being torn apart by the impeachment proceedings.

“In those troubling times, the CNMI needed a full-time governor and not one who would be side-tracked and distracted in mounting a defense against his detractors,” he said.

Fitial resigned as governor on Feb. 20, 2013.

Immediately following his resignation, Fitial and his wife, Josie, left the CNMI and traveled to California to be with their children and to meet with his doctor to address medical issues that had been a constant source of pain in the last several years.

Fitial said they were unable to schedule a meeting with his doctor in California. At the same time, his wife was forced to undergo some medical procedures that had arisen and required their extended stay, he said.

While in California, Fitial said his health continued to decline and that he needed extensive physical therapy for his back problems.

He said it was also determined that he needed a gall bladder operation. Because they failed to meet his doctor in California, he and his wife traveled to the Philippines in early March 2013 to seek treatment.

On May 6, 2013, Fitial’s gall bladder was removed. His diabetes slowed the healing of the wounds.

At the end of May 2013, Fitial said he met Dr. Renato Lipana Jr. of St. Luke’s Medical Center in the Philippines to address his continuing back problems.

Fitial underwent weekly physical therapy sessions for eight weeks. During this entire time, he used a wheelchair to get around.

On Aug. 27, 2013, Lipana extended Fitial’s therapy for 12 more weekly sessions.

“During this entire period I was unable to travel and to return to my home [on] Saipan to deal with the issues [that] have confronted me,” he said.

Fitial said that after his father-in-law’s stroke, his wife’s uncle died, creating additional stress on the family, which again made it increasingly difficult for them to leave the Philippines and return to Saipan.

Fitial disclosed that most recently, he was asked to undergo certain neurological tests to determine the source of a continuing balance problem that makes it difficult for him to walk.

“The results of those tests have not yet returned. I am hopeful that this will not further delay my return to Saipan,” he said.

Despite this personal turmoil that has confronted him and his family, Fitial said he has every hope that he could return home and face the charges against him.

“At the same time, I continue to read numerous articles and editorials which painted me as an evil villain, demanding that I be physically detained and brought back to Saipan to answer charges, even though the press had reported my medical problems,” he said.

Fitial said that numerous attorneys whom he had approached claimed to have conflicts of interest, or indicated that they could not work on his case for a number of reasons.

Fitial said it was in late December 2013 when Nutting agreed to represent him in the criminal case.

Unfortunately, Fitial said, before he and Nutting were able to cement their relationship, Nutting left Saipan for the entire month of January 2014, and that he was only able to retain him in February 2014.

Fitial said he issued his declaration to make clear that he has never sought to ignore the charges brought against him, but to show that extreme and extenuating circumstances have prevented his earlier return.

He noted, however, that due to his health and the situation with his wife’s family in the Philippines, it will likely be necessary for him to travel to the Philippines while the criminal case remains pending.

“I wish to assure the court that I will submit and am submitting to the jurisdiction of the court voluntarily and will make all appearances that are required of me,” he said.

Nutting pointed out that when Fitial left the Commonwealth, there were no criminal charges against him pending at the time.

“In fact, a criminal complaint has still not been filed against him,” the lawyer said.

Nutting asserted that the court has ample grounds to exercise its discretion to quash the warrant of arrest and to allow Fitial to voluntarily appear in court.

If Fitial is allowed to appear voluntarily, Nutting said, he gains no advantage other than not being forced to suffer the indignity of an arrest.

“Simply put, the CNMI government will suffer no prejudice,” the lawyer added.

In March 2013, the Office of the Public Auditor filed seven criminal charges against Fitial for his role in shielding former attorney general Edward T. Buckingham from being served with penal summons in August 2012.

OPA charged Fitial with conspiracy to commit theft of services, conspiracy to commit obstructing justice: interference with service of process, conspiracy to commit obstructing justice: interference with law enforcement officer or witness, theft of services, misconduct in public office, obstructing justice: interference with law enforcement officer or witness, and obstructing justice: interference with service of process.

Last Feb. 19, Superior Court Associate Judge Kenneth L. Govendo found Buckingham guilty of all public corruption charges except one and sentenced him to 3.5 years in prison, all suspended.