Paternity test results out for baby of girl, 13, who was allegedly raped

Superior Court Associate Judge Joseph N. Camacho allowed yesterday a North Carolina-based laboratory technician to testify via Skype on the paternity test results of a baby born to a 13-year-old girl who was allegedly raped.

Since Gary Stuhlmiller, a laboratory technician at LabCorp., is in North Carolina, which is beyond the court’s subpoena power, there is a strong public policy interest in allowing him to testify via Skype, a video conferencing application, Camacho said.

LabCorp., a paternity testing facility in Burlington, North Carolina, has often been used by the CNMI family court.

Samples were secured from the infant soon after its birth, for use in a paternity test. The samples were then sent to LabCorp. The CNMI government received the paternity test results on May 26, 2015.

Camacho said Stuhlmiller’s testimony about the paternity test results will be under oath and subject to cross-examination.

“Jurors will be able to hear Mr. Stuhlmiller’s testimony and observe him testifying in real time,” said the judge in granting the Office of the Attorney General’s motion to call the witness via electronic video conferencing.

Camacho did not indicate in his order the test results.

In December 2014, police arrested tour bus driver Hank Kenney Peredo Taitano, then 35 years old, for allegedly raping a 13-year-old girl, causing her to become pregnant.

In her interview with the police, the girl said she was sleeping in her bedroom when Taitano came inside, held her down, and sexually abused her. She said she was crying and begging Taitano to get off her, but he was too strong for her.

The girl told police that she did not tell anyone about what had happened because she was afraid and ashamed.

The alleged rape came to light after the girl’s mother and her stepfather began to wonder why her stomach was getting bigger, so they made an appointment with a doctor.

During a checkup on Nov. 28, 2014, the doctor told the mother and her husband that the girl at that time was four months pregnant.

Taitano was charged with sexual abuse of a minor in the first degree. The jury trial will start on June 15, 2015.

The OAG plans to call Stuhmiller as a witness to testify on the paternity test results. Assistant attorney general Shannon Foley moved to call Stuhmiller to the witness stand by way of electronic video conferencing.

Assistant public defender Matthew Meyer, counsel for Taitano, opposed the motion. Meyer argued that the court should “find that expeditiousness and lack of subpoena power, essentially convenience and cost, should never be sufficient to outweigh a defendant’s right to confront witnesses live, in person.”

In granting the government’s motion, Camacho said the Superior Court has on multiple occasions allowed for remote testimony by expert witnesses in criminal cases when requested by the prosecution.

Camacho said in the previous case, he noted that off-island professionals are essential to ensuring the administration of justice in the CNMI.

Camacho said that rather than merely accommodating an expert’s preference not to travel, allowing Skype testimony from experts allows both the prosecution and the defense the opportunity to call upon experts who may otherwise be unavailable in the CNMI.

“In the CNMI, Skype testimony by experts goes far beyond simply making trials more convenient for the parties—it ensures that the parties have access to a wide range of experts who would not ordinarily be available in the CNMI, thus allowing for the expedient and efficient administration of justice,” the judge pointed out.