Miah now off the hook; trial of Mirano continues

This developed after U.S. District Court for the NMI Chief Judge Ramona V. Manglona yesterday granted court-appointed counsel Colin Thompson’s motion for a judgment of acquittal.

The trial of Miah’s co-defendant, Earl Eric Mirano, will, however, continue after Manglona denied defense attorney Vicente Salas’ motion for judgment of acquittal.

Manglona determined that there is insufficient evidence for any rational jury to convict Miah since that the U.S. government presented no evidence that corroborates Miah’s statements.

Manglona said the only evidence presented against Miah is the audio and videotapes, but that his statements in the tapes have not been corroborated with any other evidence at trial.

The judge said she made it clear since the beginning of the trial that Mirano’s incriminating statements are not to be applied to Miah.

Manglona noted that FBI special agent Haejun Park even admitted that even with the audio and videotapes he still needs to conduct further investigation to corroborate Miah’s statements in the tapes.

“Miah is dismissed in this case,” Manglona said.

Thompson and Salas moved for a judgment of acquittal after assistant U.S. attorney Stephen Leon Guerrero called special agent Park and played footages of audio and video surveillance that showed alleged transactions between Miah and Mirano.

Thompson told the media yesterday that the defense team and Miah are very happy with the acquittal.

“Everybody in our team worked very hard-attorney Janet King, private detective Chris Guerrero, and translator Rabby Syed,” Thompson said.

Thompson said the only evidence presented against Miah was some video and audiotapes.

“Regardless of whatever was said on that tape, the statements made by Mr. Miah on that tape lacked any collaboration,” the lawyer pointed out.

Thompson said the U.S. Supreme Court and the Ninth Circuit have both ruled in situations like Miah’s case that there has to have corroborating evidence-some independent evidence that the crime was committed.

“And that something that which supports the reliability of Mr. Miah’s statements outside of his statements. There was no any corroboration,” the lawyer added.

The FBI installed the audio and video surveillance devices on Mirano after Mirano allegedly voluntarily came forward to report that he had been cashing fraudulent CNMI tax refund checks in grocery stores at Miah’s direction.

The indictment charged Miah and Mirano with conspiracy to commit bank fraud and bank fraud. The trial began on July 2.

Miah awaits sentencing after being convicted in a driver’s license scam at DPS.

By Ferdie de la Torre
Reporter