Hasselback OK with suspending arrest warrant vs Fitial

The CNMI government has agreed to suspend, with some conditions, the arrest warrant against former Benigno R. Fitial so he could return to the CNMI from the Philippines and face the criminal charges filed against him.
Office of the Public Auditor legal counsel George L. Hasselback said that Fitial’s voluntary return to the CNMI would save significant time, effort, and money that could be better used for other public purposes.

Among the conditions that Hasselback wants is for Fitial to give a certain date to present himself before the Superior Court for an initial appearance.

Should the former governor fail to appear in court on the designated date and time, the warrant for his arrest will automatically go into full force, Hasselback said.

Fitial should also agree, in writing, to waive any challenges to extradition if he fails to appear in court on the designated date and time.

“Should these conditions be met, the Commonwealth would agree to permit the defendant to make a voluntary appearance before this court. At such time, the Commonwealth will address the matter of bail and make whatever arguments are appropriate to this court regarding the same,” Hasselback said.

Fitial earlier said he wants to return to the CNMI as he has no desire to become a fugitive. Fitial filed the declaration, through attorney Stephen Nutting, on 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 claimed that his health concerns, as well as a recent stroke by his father-in-law prevented his immediate return to the CNMI.

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 which were well beyond his control,” Nutting said.

Superior Court Associate Judge David Wiseman has scheduled an initial appearance hearing today, Monday, at 9:30am, for Fitial’s voluntary appearance. He ordered Nutting and the government’s counsel to appear at the hearing.

In the government’s reply on Friday, Hasselback said the court has the discretion to grant Fitial’s request.

Furthermore, Hasselback said, the government has so far not elected to invoke the “fugitive disentitlement doctrine,” and therefore will not comment on the portions of Fitial’s motion that argue that this doctrine is inapplicable.

Hasselback said likewise, the government, at this time, has no comment on the reasons offered by Fitial to explain his absence from the CNMI, as, given the Commonwealth’s position on the motion, the Commonwealth would submit that they are irrelevant for the purposes of this response.

Fitial resigned as governor on Feb. 21, 2013.

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

Because they failed to meet his doctor in California, he and his wife traveled to the Philippines in early March 2013 to seek treatment for his back problems and other medical issues.

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.

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

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.

Nutting said if Fitial is allowed to appear voluntarily, he gains no advantage other than not being forced to suffer the indignity of 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 allegedly shielding former attorney general Edward T. Buckingham from being served with penal summons in August 2012.

OPA charged Fitial with several charges related to theft of services, conspiracy to obstruct justice, interference with law enforcement officer, misconduct in public office, and 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.