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OPD: Sex offender still in jail despite completing term in March 2015
The Office of the Public Defender has filed an emergency motion for the immediate release from jail of sex offender Juan C. Taitano, who is still incarcerated allegedly despite completing his five-year prison term in March 2015.
Acting chief prosecutor Chester Hinds, counsel for the government, opposed the motion, asserting that then-Superior Court associate judge Perry B. Inos, in his oral sentencing, imposed a 10-year prison term on Taitano.
Superior Court Associate Judge Joseph N. Camacho heard the motion on Friday and repeatedly listened to the audio recording during the sentencing. Camacho then placed the matter under advisement.
Assistant public defender Matthew Meyer filed the emergency motion on Thursday. Meyer said it is clear that the second half of Taitano’s sentence is suspended.
Meyer said every day after March 7, 2015, Taitano is being illegally incarcerated.
At the hearing, chief public defender Douglas Hartig appeared as counsel for Taitano. Hartig said it is clear in the written order that the defendant is getting out after serving five years.
Hinds said it is the oral pronouncement that controls and not the written order.
Hinds then asked the court to listen to the 10-minute audio recording of the sentencing.
After the audio was played in court, Hartig said three times Inos stated that the defendant shall serve five years in prison and the second five years suspended. Hinds disagreed and stated that the defendant was convicted of two counts of sexual abuse of a minor in the second degree involving two victims.
Camacho listened the audio again. The judge later announced that he is placing the matter under advisement.
Saipan Tribune’s story about the sentencing showed that Inos imposed a five-year jail term without the possibility of parole.
The news article said Inos sentenced the then-44-year-old Taitano to 10 years in prison, all suspended except five years.
At the sentencing, attorney Peter Prestley appeared for the government. Then-chief public defender Adam Hardwicke served as counsel for Taitano.
According to the plea agreement, on March 6, 2010, Taitano, who was then 43, touched the private parts of the two girls.
