Inmate fears loss of eyesight

An inmate at the Susupe prison is seeking help from the federal court, saying his eye surgery at the Commonwealth Health Center last September was unsuccessful. He now fears he is losing his vision.

According to court documents filed last Friday, Reynaldo A. Manila wrote to U.S. District Court for the NMI Chief Judge Ramona V. Manglona last Dec. 6, explaining his eye problem and begging for assistance as he cannot afford to pay a lawyer to represent him.

U.S. District Court for the NMI Magistrate Judge Heather L. Kennedy wrote back last Jan. 2 at Manglona’s instruction.

Kennedy told Manila that the court is not allowed to give legal advice but, if he wishes to file a civil complaint about his treatment while in prison, the clerk’s office staff can help him with court procedures and forms.

Kennedy said Manila may file a complaint without a lawyer, called pro se, and he may apply to proceed without prepaying court fees.

Manila wrote back last Jan. 29 to Manglona and Kennedy, expressing appreciation for the response.

In his Dec. 6 letter, Manila said he was diagnosed with retinal detachment on his left eye in November 2015 while serving prison time.

He said he underwent surgery in February 2016.

In July 2016, Dr. Dennis Williams of the Marianas Eye Institute examined him and recommended cataract surgery.

Manila said that after three recommendations of Williams—twice in 2016 and once on 2017—the then-DOC commissioner, Georgia Cabrera, denied his medical treatment.

Manila said Cabrera believed that his medical needs were not necessary and not life-threatening.

He said that in September 2017, he finally had cataract surgery under Williams at CHC upon approval of the new DOC commissioner, Vince Attao.

Manila said he learned that his retinal detachment surgery had been unsuccessful during a follow-up appointment with Williams at Marianas Eye Institute last October.

In January 2016, Steven P. Pixley, a lawyer retained by the Philippine Consulate General to represent Manila, informed the Office of the Attorney General that he is poised to file a lawsuit against the CNMI government if Manila is not transported off-island to get medical treatment to avoid permanent blindness in his left eye.

Pixley said the mistreatment of a Philippine citizen held at the Department of Corrections is a serious concern. DOC, Pixley said, is obligated to provide prisoners with adequate medical care under the Eighth Amendment.

In December 2015, the CNMI Board of Parole voted to support the commutation of the 60-year prison sentence slapped against Manila, who was convicted in 2002 for the death of a 6-month-old goddaughter.

Manila, now 56 years old, has been serving 17 years of his 60-year prison term.

In January 2016, Gov. Ralph DLG Torres decided against commutation after taking into account information received from the Office of the Attorney General and the Department of Public Safety on the history of the case.

Torres said due to Manila’s medical conditions, he will work with the OAG to make the necessary arrangements to see that Manila is able to receive the necessary treatment off-island.

Then-assistant attorney general Matthew Baisley cited a number of reasons why the government opposed the commutation of sentence.

One, Baisley said, the defendant is still five years away from becoming eligible for parole.

Baisley said Manila was sentenced to 60 years in prison, but he only served 15 years of that sentence.

“He is not eligible for parole until 20 years. To commute the sentence now means that he served the very small sentence versus what the judge sentenced him to,” he said.

Two, the prosecutor said, the reason for the parole hearing was about Manila’s medical condition as he has an eye problem.

Baisley, however, said there is no record or evidence that was entered that Manil’s medical condition is of immediate concern.

He said it also seems that it’s possible that the government could take Manila to Guam for treatment.

The deceased baby’s parents, both Filipinos, have six children, including the infant who died.

Manila was 39 years old when then-Superior Court Associate judge Virginia Sablan-Onerheim sentenced him in June 2002 to 60 years in prison for second-degree murder over the death of the infant.

The baby lingered in the hospital for several days before dying on Nov. 6, 2000.

A jury found Manila guilty of second-degree murder and child abuse.

At the sentencing, Manila insisted he did not kill the baby. His son in the Philippines is now 18 years old.

Then-chief prosecutor Clyde Lemons noted that a doctor testified that the baby had 11 bruises at the back of her head consistent with blunt force trauma or being hit with an object. Lemons said the doctor testified that the baby was shaken “very hard,” consistent with shaken baby syndrome.