Previous Story
Judge assigned to petition filed by prisoner serving 45 years
U.S. District Court for the NMI designated Judge Frances M. Tydingco-Gatewood has been assigned to handle the request of a prisoner for a lawyer.
U.S. District Court for the NMI Chief Judge Ramona V. Manglona recused herself from presiding over the petition and re-assigned the matter to Tydingco-Gatewood.
Rios is serving a 45-year prison term for sex crimes.
Manglona disqualified herself from the case as her husband, Associate Justice John A. Manglona, sat on the CNMI Supreme Court panel that considered Rios’ appeal.
In a handwritten petition that he filed pro se (without a lawyer), Rios, 43, said he is unable to afford a counsel.
Rios said that Department of Corrections Commissioner Vincent S. Attao had denied his request to use a computer with internet access so he could do research to support his case.
Rios said he talked with three lawyers over the phone if they could assist him in his petition for a writ of habeas corpus.
Rios said the three lawyers told him they can’t assist him due to lack of payment for attorney’s fees, lack of their knowledge in federal habeas corpus proceedings, and being busy with other clients’ cases.
Rios had also written the same complaint to the Superior Court.
Last month, after receiving Rios’ handwritten letter, Associate Judge Joseph N. Camacho set a status conference for March 14 at 9am.
Rios did not indicate the reasons for his motions.
According to court records, Rios pleaded guilty in 1997 to three counts of sexual abuse of a child, two counts of oral copulation, and one count of rape. He was sentenced to five years imprisonment.
After his release from prison in 2003, Rios re-offended and was sentenced to five years.
In 2012, he re-offended again. The government revoked his probation in both the 1997 and 2003 cases.
In 2012, Associate Judge Joseph N. Camacho sentenced Rios to 45 years for the 1997 and 2003 cases.
Rios appealed, but the CNMI Supreme Court affirmed his conviction and the 45-year prison term.
