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OAG to appeal ruling in case vs ex-Rota liaison staff
The Office of the Attorney General is appealing Superior Court Associate Judge Joseph N. Camacho’s decision to exclude the testimony of a then-21-year-old man whom former Rota liaison employee Allan A. Taitano allegedly tried to sexually assault.
Chief Prosecutor Brian P. Flaherty and assistant attorney general Clayton J. Graef filed a notice on Friday in Superior Court of the government’s intention to appeal the decision to the CNMI Supreme Court and have Camacho’s order reversed.
In an order on Wednesday, Camacho granted Taitano’s second motion to exclude the testimony of the alleged victim, who is his godson.
The OAG’s notice of appeal did not cite the grounds of the government’s appeal.
In a separate order on Thursday, 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 jury trial is scheduled on Oct. 27, 2014.
The judge said he finds it necessary at this time to impose a more drastic remedy by excluding the testimony of the alleged victim.
Camacho reiterated his message that government representatives must maintain a strictly neutral position, both in words and conduct, 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.
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.
