OAG seeks court’s nod to have Guam Police criminalist to testify via Skype

The Office of the Attorney General has requested the Superior Court to allow the government’s witness who is based in Guam to testify through Skype technology or other video conferencing method during the trial of suspected trafficker of methamphetamine or “ice.”

Assistant attorney general Chester Hinds, counsel for the government, said allowing Guam Police Department criminalist Analyn D. Gatus Akigami to testify via Skype serves as important public policy interest.

Hinds said due to advances in Skype technology, defendant Ruiwei Huang will not be unfairly prejudiced as he will be able to adequately confront Akigami during the trial.

Superior Court Associate Judge Joseph N. Camacho set the hearing of the government’s motion for Oct. 5, 2016. The bench trial of Huang will be on Nov. 14, 2016.

Hinds said at the time this matter was set for trial, the government requested assistance from the Guam Police Department for Lab analysis of drug evidence.

Hinds said in order for a witness to testify remotely via Skype, a public policy interest must exist, and the defendant’s right to confrontation must be preserved.

The prosecutor said allowing witnesses to testify via Skype serves important public policy interests, especially in a jurisdiction such as the insular CNMI.

Citing a previous order issued by Superior Court Presiding Judge Robert C. Naraja that allowed a lab technician to testify via Skype, Hinds said the government intends to use the testimony of Akigami to lay the foundation for the analysis and drug test results requested by the OAG in Huang’s case.

Hinds said Akigami’s testimony will aid the finder of fact in showing that Huang possessed a controlled substance, and committed the offense of illegal possession of controlled substance.

Hinds said the government would incur a great deal of cost in bringing Akigami to the CNMI for trial.

Therefore, he said, allowing Akigami to testify as an expert witness through Skype or other two-way communication method serves as important public policy interest.

Hinds said defendant will also have the opportunity to cross-examine Akigami directly after her testimony.

The OAG originally charged the 41-year-old Huang, also known as JCC Brother and Brother No-No, with two counts of trafficking controlled substance (“ice”) and three counts of possession of controlled substance (“ice”).

The five charges carry a possible maximum sentence of 65 years imprisonment.

The OAG amended and dismissed the most serious of the charges. The only remaining charge is possession of controlled substance, an offense that carries a possible maximum sentence of five years imprisonment.

Last June, members of the CNMI Drug Enforcement Task Force arrested Huang for allegedly selling methamphetamine or “ice” on Saipan.

DETF Officer Rudolph C. Sablan Jr. stated in his report that their “cooperating source” managed to buy $340 worth of “ice” from Huang inside a car in the parking lot of JCC Laundromat in Garapan that same day.

Sablan said the same “cooperating source” purchased $120 worth of “ice” from Huang during the second buy-walk operation at the same location last May 11.

A DETF officer tested presumptively positive for the presence of methamphetamine the 1.13 grams of substance involved in the first deal and the 0.9 grams in the second transaction.