Identities of law enforcers involved in sex-for-cash case sought

A woman facing a charge in federal court for enticing her then-15-year-old cousin to engage in sex for cash has asked the federal court to issue an order requiring the U.S. government to disclose evidence in personnel and internal affairs files of witnesses who are former or current law enforcers.

Alexandra Castro Macabalo, through counsel Bruce Berline, said her request includes all material revealing acts of dishonesty, criminal conduct (charged or uncharged), violations of agency rules or guidelines, misconduct, official malfeasance, or pattern of misconduct, bearing upon the current or former employees’ character for truthfulness and honesty.

Berline said this case is related to several prior and pending criminal cases before the court, including Annette Basa, Richard Benavente, Raymond B. Roberto, and Randy Igisomar.

Berline said numerous law enforcement agencies were involved in the investigation of this case and the related cases.

Berline said the personnel files and internal affairs files are expected to “contain evidence, or lead to evidence, of dishonesty, failure to follow protocol, and other official malfeasance that would be relevant to the determination of credibility by the jury.”

“The credibility of former and current law enforcement employees/government witnesses will be a key critical issue upon which the defense counsel must have an opportunity to challenge through cross-examination and further developed through substantive evidence as appropriate,” he said.

Federal Bureau of Investigation agents arrested Macabalo last April after a complaint was filed in court, charging her with enticement of a minor to engage in prostitution and other sexual activity. An indictment was later filed, charging her with one count of enticement of a minor. Macabalo was released on her own recognizance with some conditions.

FBI special agent Haejun Park stated in his affidavit that on July 23, 2013, and Aug. 8, 2013, FBI agents interviewed a then-15-year-old girl who told them, among other things, that Roberto, a former acting director of the CNMI Division of Fish and Wildlife, paid her to have sex on a number of occasions, beginning in March 2013.

The special agent said that, on May 20, 2014, Macabalo was called before a grand jury, during which she admitted that she sent text messages to Roberto from (670) 989-3474 in April 2013.

The exchange of text messages between the two numbers appeared that Roberto and Macabalo were discussing how he can get her cousin. Roberto also allegedly promised that Macabalo would get a commission if “all goes well.”

Park said that, on Aug. 22, 2014, the girl was called as a witness in Roberto’s trial and testified about the text messages.

The exchange of text messages appeared that Macabalo was arranging to pick up her cousin and was asking to make sure that the minor girl wanted “to do it.”

In September 2014, a federal court jury unanimously acquitted Roberto of all charges that he enticed three minor girls to engage in prostitution and tampered with a witness while he was in jail.

The 12 jurors found the 41-year-old Roberto not guilty of three counts of enticing minors to engage in prostitution and one count of witness tampering.

In the third superseding indictment, the prosecution alleged that Roberto persuaded three girls to engage in prostitution or in sexual activity from March 1, 2013, to July 18, 2013.