Mondala seeks stay of her 1-year prison term

Former Office of Aging director Rose DLG. Mondala is asking the Superior Court to suspend the execution of a one-year prison term slapped against her pending her appeal of the sentencing order.

In Mondala’s motion for expedited stay of execution of jail sentence, defense counsel Loren A. Sutton said his client is not a flight risk, has serious and life threatening health problems, and is no threat to the public.

Sutton also pointed out that the 71-year-old Mondala is no longer in a position to unlawfully repeat the crimes to which she has pleaded guilty.

Mondala filed a notice of appeal last Thursday.

Sutton also pointed out that then-Superior Court associate judge David A. Wiseman also ordered the Probation Officer to determine an amount of restitution for all other counts, which were dismissed with prejudice at plea.

Assistant attorney general Matthew C. Baisley, counsel for the government, is opposing Mondala’s motion. Baisley said the defendant has failed to raise a substantial question of law or fact that would warrant staying the court’s imposition of its sentence.

Baisley said the government takes no issue that Mondala is not a flight risk and does not pose danger to any other person and that her appeal is not taken for the purpose of delay.

Instead, Baisley said, the Commonwealth objects on the basis of the third element in granting a stay of execution: Mondala has not raised a substantial question of law or fact likely to result in reversal.

The prosecutor said in Mondala’s brief, no factual or legal issue with the court’s sentence is identified.

Baisley said to the extent Mondala raises to challenge the court’s sentencing order on health grounds, the challenge is unlikely to satisfy the exacting standard that the challenge presents a “fairly debatable” or “doubtful” question of law, nor it is likely to overcome the presumption against granting stays.

Baisley said Wiseman considered the defendant’s health in imposing the sentence.

Baisley said Wiseman weighed those health concerns with society’s competing justice concerns.

On restitution issue, the prosecutor said even if Mondala were to establish the illegitimacy of the restitution order, it is unlikely the CNMI Supreme Court’s remand would set aside or in any way alter Wiseman’s imposition of the jail sentence.

Baisley and Sutton both agreed to an expedited hearing on Mondala’s motion considering that the defendant was ordered by the court to start serving the prison term at the Department of Corrections on Wednesday, June 1, at 8am.

Superior Court Presiding Judge Robert C. Naraja on Friday set a hearing on defendant’s motion today, Tuesday, at 1:30pm.

Last May 18, Wiseman slapped a one-year prison term against Mondala who pleaded guilty to two charges that stemmed from using the Aging Office’s funds and materials for the needs of the Covenant Party during the 2009 elections and to build a fence at her house in Kagman.

Wiseman said he has reviewed the doctor’s report stating the numerous illnesses Mondala has and the medication being administered.

The judge said he has taken this factor into consideration in sentencing the defendant.

However, Wiseman said, a medical condition although can and will mitigate the sentence, “it will not cancel it out.”

Wiseman sentenced Mondala to the maximum term of five years in prison, all suspended except for one year, for the offense of forgery.

The judge sentenced Mondala to a $500 fine for the crime of use of public supplies, time, and personnel for campaign activities.

After completing the prison term, the defendant will be placed on probation for three years.

Mondala was required to pay restitution to the Aging Office in the amount of $68 plus another amount to be determined in 60 days for all other sums she wrongfully used or stolen based from the original charges.

Mondala was also ordered to pay $100 in court costs plus probation fee in an amount to be assessed by the Office of Adult Probation.

The Office of the Attorney General charged Mondala with 41 charges, which carry maximum sentence of 126 years of prison term and/or up to $128,000 in fines.

Last Feb. 25, Mondala pleaded guilty to one count of forgery and one count of use of public supplies, time, and personnel for campaign activities.

As part of the plea agreement, Baisley moved to dismiss the remaining 39 charges. The court granted the motion.

According to the factual basis of the plea agreement pertaining to forgery, on June 15, 2009, Mondala signed the signature of another person to an invoice submitted by a commercial vendor to a government agency for payment, without permission of the person, in order to hide the eventual disposition of the goods covered by the invoice.

With respect to the offense of use of public supplies, time, and personnel for campaign activities, on Sept. 5, 2009, Mondala, in her capacity as director of Aging, knowingly caused items purchased with government funds to be delivered to persons working on behalf of a political campaign.

Such items were to be used to promote the candidacy of a particular political candidate, according to the plea agreement.