Mistrial declared in retrial of ‘Grandpa Ping’

Superior Court Associate Judge Joseph N. Camacho declared yesterday a mistrial in the retrial of Jose Ilo Santos, a 63-year-old man who was previously convicted of sexually abusing a then-7-year-old girl.

Camacho declared the mistrial after the jury was left with only five members. One juror refused to attend the trial while another, a Corrections officer, was disqualified for not disclosing that he knows Santos and has been seeing him regularly at the Department of Corrections.

A new retrial date for Santos, also known as Grandpa Ping, was set for June 8, 2015.

At the second day of the retrial yesterday, one of the seven jurors did not show up, prompting the court staff to repeatedly call her on the phone. The court staff learned that the juror refused to come because she reportedly has a problem with her boyfriend.

Camacho discharged the juror and replaced her with an alternate juror.

Camacho, however, issued a bench warrant for the juror who refused to come. Court marshals served the bench warrant on the juror, who was then taken before Camacho when trial resumed in the afternoon.

The juror explained her problem to the court and got a scolding in return. Camacho told her that serving in the jury is not a joke and she had caused a delay in the trial. Camacho later discharged her and she was ordered released from jail.

With one juror discharged, this left the trial with six jurors.

Assistant public defender Michael Sato and Chief Public Defender Douglas Hartig, both counsels for Santos, later informed the court that one juror is a Corrections officer who chose not to answer the question during jury selection if he knows the defendant.

Camacho called in the juror, Corrections officer Anthony Laniyo, who then told the court that he sees Santos at DOC almost every day. When asked why he failed to disclose that information during jury selection, Laniyo replied that he assumed that he will be excused as a prospective juror because he works at DOC.

Sato argued to disqualify Laniyo as a juror. Assistant attorney general Shannon Folley did not object.

Later, the parties discussed the Rules of Criminal Procedure regarding the required number of jurors because if Laniyo is disqualified, there will only be five jurors left.

Sato insisted that there should be six jurors and that they are not prepared to agree with the government to proceed with the trial with only five jurors left.

Foley said since the defendant refused to proceed with just five jurors, she is concerned with a subsequent appeal in this case.

Sato renewed his motion to disqualify Laniyo, citing that the prejudicial effect to his client would be extreme. If Laniyo is disqualified, Sato said they would then ask for a mistrial.

Camacho called back Laniyo to the courtroom and informed him that his action or inaction put the trial in jeopardy. Camacho told Laniyo he might face a criminal charge of perjury, but that he is leaving that to the prosecution to decide. The judge then discharged Laniyo as a juror.

Sato moved for a mistrial because there’s now less than six jurors left.

Foley said absent the stipulation, she leaves it to the court’s discretion.

Camacho ruled a mistrial.

The retrial of Santos began on Monday.

The retrial came about after the CNMI Supreme Court reversed Santos’ convictions last Dec. 2 and ordered a new jury trial.

The high court ruled that the trial court abused its discretion by permitting the victim advocate to accompany the alleged victim at the witness stand.

In October 2012, the jury found Santos guilty of two counts of sexual abuse of a minor in the first degree.

In March 2013, Camacho sentenced Santos to the maximum of 60 years in prison, to be served without the possibility of parole.

Santos appealed to the high court.