Rapadas says he respects Inos’ commutation of Fitial’s 1-year sentence

Chief prosecutor Leonardo Rapadas said yesterday he respects the decision of Gov. Eloy S. Inos for the commutation of former Gov. Benigno R. Fitial’s one-year prison term.

“That’s up to the executive,” said Rapadas when asked for comment about Inos’ commutation of Fitial’s prison term. “We’re a nation of laws. We are Commonwealth of laws. So under our laws, the governor has pretty much discretion what he wants,” he said.

Rapadas said Inos chose to use his power that way and that’s totally his discretion under the law.

Rapadas said the Board of Parole made their recommendation of commutation and it sounds that Inos followed it.

As a Commonwealth, the chief prosecutor said, they put together their case with the Office of the Public Auditor.

“We presented it and we got convictions,” he said.

Rapadas said they’re happy that at least they have convictions in this case.

Rapadas said commutation does not mean that Fitial’s convictions are gone or erased.

“Fitial is now a convicted criminal. So his various rights and liberties, he doesn’t have that anymore as a convicted felon,” he added.

Attorney Stephen J. Nutting, counsel for Fitial, on Monday said that Inos deserves no criticism in deciding to commute the one-year prison term for Fitial.

Nutting said it was obvious that Inos spent a great deal of time in considering and detailing the numerous factors which supported his decision.

OPA legal counsel George Hasselback said he recommended to Superior Court Associate Judge David A. Wiseman a sentence what he saw was appropriate for Fitial.

Hasselback said Wiseman imposed a different sentence and Inos substituted his judgment for that of the judge.

Hasselback said Inos believes in his right to do the commutation of Fitial’s sentence.

“Beyond that I don’t have much to say,” said the OPA legal counsel who also serves as the special prosecutor in Fitial’s case.

At the sentencing hearing last June 24, Hasselback recommended to slap Fitial with a two-year imprisonment with no parole. Rapadas recommended a sentence of more than a year in prison.

Wiseman sentenced the 69-year-old Fitial to one year in prison. The former governor was supposed to start serving the prison term on Monday, but Inos decided on Sunday for the commutation of the jail term.

Fitial signed a plea agreement with the government and pleaded guilty last May 13 to misconduct in public office and conspiracy to commit theft of services, making him the first governor of the CNMI convicted of crimes.