Mondala asks Govendo to correct or reduce 1-year prison sentence

Former Office of Aging director Rose DLG. Mondala has moved Superior Court Associate Judge Kenneth L. Govendo to correct or reduce the one-year prison term slapped against her by then-associate judge David A. Wiseman for her conviction of corruption charges.

The 71-year-old Mondala, through counsel Loren Sutton, asked Govendo instead to sentence him to home confinement.

Sutton cited the sentences imposed on former governor Benigno R. Fitial and former attorney general Edward T. Buckingham who were “spared” a jail sentence for health reasons.

Sutton said to achieve the sentencing goal of consistency, Mondala should receive the same consideration given to Fitial and Buckingham.

Sutton said in sentencing Fitial and Buckingham, the court based a lenient sentence on poor health factors and where the charges of conviction were of a more serious nature and involved persons in high positions who committed acts of corruption exceeding the nature of the acts of Mondala.

Mondala filed the motion to correct or reduce sentence after Govendo last week suggested to her counsel, Sutton, to file a motion for reconsideration of the sentence as he placed her motion to stay execution of the prison term pending her appeal to the CNMI Supreme Court.

Fitial pleaded guilty in May 2015 to misconduct in public office and conspiracy to commit theft of service as part of a plea agreement with the government.

In June 2015, Wiseman imposed a one-year prison sentence on the then-69-year-old Fitial.

Fitial was supposed to start serving his prison term on July 6, 2015, but then-governor Eloy S. Inos commuted the prison term a day before.

On Feb. 19, 2014, Govendo found then-65-year-old Buckingham guilty of all public corruption charges except one and sentenced him to 3 1/2 years in prison, all suspended.

In imposing a no prison- term sentence, Govendo said he believes that jail sentence is not appropriate considering that, among other things, Buckingham is not a typical criminal that stole or embezzled huge amount of money, or committed sexual abuse or violent crimes.

In Mondala’s motion to correct or reduce sentence, Sutton said his client’s guilty plea to one count of felony forgery with a loss of $68, and one count of misdemeanor use of public supplies, time and personnel for campaign activities, was entered pursuant to a plea bargain where the Office of the Attorney General recommended six months of home confinement in lieu of jail time.

Sutton said this recommendation in the plea offer was justified due to Mondala’s serious medical condition.

On reduction issue, Sutton said Mondala is seriously ill with a variety of life-threatening medical conditions, which Govendo is aware from Dr. Vicente Aldan’s comprehensive letter.

Sutton said his concern, as well as of Govendo’s, is that a sentence to Department of Corrections could well endanger Mondala’s health and that a missed of delayed insulin shot could even kill her.

Sutton said DOC’s protocols include two DOC employees monitoring inmates on the women’s side 24/7 and a nurse on duty Monday through Friday, but no medical personnel present on weekends and probably not on holidays.

Sutton said Mondala’s life will literally be in the hands of DOC workers.

He said additional expense of time and staff to transport Mondala regularly to her doctor for needed outpatient care, to provide her with a special diet, to closely monitor her medicines and physical condition.

Sutton said he assumes that Wiseman’s order to the Probation officer to compute restitution for the remaining dismissed counts was a precursor to an order, once done, that Mondala pay the resulting amount.

Citing a previous U.S. Supreme Court ruling, Sutton said an order to pay restitution for dismissed counts after a plea is improper in the absence of a waiver contained in the plea agreement.

Sutton said there was no such waiver in Mondala’s plea agreement and even if there was, Wiseman was clear that he would accept the plea but without the AG’s sentencing recommendation which included a recommendation for restitution.

Sutton said since no waiver in the plea agreement, it would be improper for a judge to order restitution for dismissed counts.

Last May 31, Govendo granted for a week a stay of the execution of the one-year prison term. Mondala was supposed to start serving the prison term last June 1.

At the June 7, 2016 continuation of the hearing on the motion to stay, Govendo placed the motion under advisement and put Mondala under home confinement.