Judge excludes testimony of the alleged victim, mother

Superior Court Associate Judge Joseph N. Camacho has excluded the testimony of a mother and her son, whom former Rota liaison employee Allan Apatang Taitano allegedly tried to sexually assault.

In an order on Wednesday, Camacho granted Taitano’s motion to exclude the testimony of the alleged victim, who is his godson. In a separate order yesterday, Camacho also granted Taitano’s request to exclude the testimony of the mother of the alleged victim.

Taitano, 44, is facing charges that he attempted to sexually assault his then 21-year-old godson. His scheduled jury trial will be on Oct. 27, 2014.

The judge said he finds it necessary at this time to exclude the testimony of the alleged victim, reiterating that government representatives must maintain a strictly neutral position concerning a witness’ right to either agree to or decline defense interviews.

“Comments and actions that indicate that speaking with the defense is bad for the case, bad for the witness, not preferred by the prosecution, or not advisable—all impermissibly interfere with a defendant’s due process rights,” the judge pointed out.

Camacho reminded prosecutors of the Office of the Attorney General that it is necessary to ensure that all staff members understand that the government cannot discourage alleged victims or their family members from speaking with defense attorneys.

The issue is whether the words and conduct of OAG representatives discouraged the complainant from speaking with defense attorneys, thereby interfering with Taitano’s right to equal access to witnesses and trial preparation.

The other issue is whether there was any government interference with Taitano’s right to attempt to talk to the mother of the alleged victim.

The court inquired whether there was any direct communication with the mother to that effect, and whether the improper government interference with defendant’s access to the alleged victim spilled over to the mother.

Camacho found that the government’s actions were clearly not neutral, and instead discouraged the alleged victim from speaking with defense counsel.

Chief public defender Douglas Hartig is counsel for Taitano.

Camacho said it is undisputed that assistant attorney general Margo Brown-Badawy told the alleged victim that it was not in his best interest to speak with Taitano’s attorneys.

Camacho said that after receiving a call from the alleged victim on her phone informing her that there were two people who wanted to speak with him, Brown-Badawy told the alleged victim to heed her advice that it was not in his best interest to speak with them.

The judge said it is also undisputed that this advice was repeated more than once to the alleged victim by a government investigator.

Camacho said the conduct of OAG representatives implied that the alleged victim should be wary of the defense attorneys, that it was not recommended for him to be alone with them, and that it would be bad for the case and the alleged victim if he chose to speak with them.

In her affidavit, Brown-Badawy stated that she would never tell a witness not to speak with the defense.

As for the mother, Camacho said her statements did not show that she was making the choice not to be interviewed by the defense investigator based on her personal feelings. Instead, the judge said, the mother’s statements echoed the message that had been communicated to her son by the attorney and investigator of the OAG: that speaking to the defense went against the alleged victim’s “best interests.”

Camacho, however, determined that because there was no finding of additional action by the prosecutor or other OAG staff, there is no finding of prosecutorial misconduct concerning the mother.

In order to be effective, the remedy for the son’s issue must also extend to the mother, Camacho said.

Police arrested Taitano in April 2013 in Dandan for allegedly attempting to sexually assault his godson inside a vehicle in an open field in As Lito. The victim allegedly managed to run away and hide in the jungle for several hours.

Taitano pleaded not guilty.