Sagana found guilty; will appeal

Bonifacio “Boni” V. Sagana, left, is seen escorted out of the U.S. District Court of the NMI yesterday afternoon by attorney Richard Miller’s co-counsel, David Banes, after he was found guilty by a 12-person jury of conspiracy to unlawfully produce an identification document . (LEIGH GASES)

After four hours of deliberation yesterday in the U.S. District Court for the NMI, the 12-person jury in the case against Bonifacio “Boni” V. Sagana unanimously found him guilty of conspiring with Bernadita Zata to illegally produce a CNMI driver’s license. His lawyer said they intend to appeal.

U.S. District Court for the NMI Chief Judge Ramona V. Manglona set the sentencing on Friday, Nov. 24, 2023, at 9am. The final pre-sentence investigation report is due no later than Nov. 10, 2023. In the meantime, Sagana remains free on bail.

After the guilty verdict was read, the jury was individually polled and everyone said “guilty.” Sagana was charged with conspiracy to unlawfully produce an identification document—a CNMI diver’s license.

As they were leaving the courthouse, defense counsel Richard Miller spoke briefly, saying, “We respected the hard work that the jury did and we will certainly be filing an appeal.”

Both the prosecutor, assistant U.S. Attorney Albert Flores Jr., and Miller made their closing arguments yesterday morning before the verdict. The jury began their deliberations after their lunch recess yesterday afternoon.

In his closing arguments, Flores urged the jury to find the defendant guilty , saying the three elements of the case had been met.

Flores said that for element 1, Zata and Sagana formed an agreement to get Zata a license, therefore Sagana knowingly produced the license when Zata paid him and went to the Bureau of Motor Vehicles to submit the application. For element 2, Zata had no proper immigration documentation to legally obtain a license; and for element 3, the production of the document was in or affected interstate or foreign commerce because the license was made from parts outside of the CNMI, the car Zata used was made outside of the CNMI, and the gasoline was imported from outside the CNMI as well.

Flores also recapped the evidence presented in the past couple days of the trial, along with the witnesses and their testimonies.

The prosecutions’ witnesses were Homeland Security Investigations special agent David West, HSI special agent Fredric Jonas, former deputy CNMI Marshal Eric Esteves, and Zata, Diosdado Garcia, and Nora Ayuyu.

The defense’ witnesses were Joycie Estabillo and Adrian Ranin—both of whom are friends of Sagana and were assisted by Sagana on occasion with their immigration documents.

Flores pointed out that Sagana himself could not get his story straight. Sagana’s story changed from his initial statement to his signed sworn statement: first Sagana said he just brought people to the BMV, but said he did not in his written statement; and that he said no one paid him for the license, but that Zata and Garcia said they did.

Flores also pointed out Sagana’s I-94 immigration documents found in his home during an initial search last March 8, 2021. Zata and Garcia both did not give Sagana an I-94 document and Flores said that Sagana could have faked the I-94 documents when he submitted Zata’s and Garcia’s driver license application to the BMV. Both Zata and Garcia’s I-94 documents had the same unique stamp from Sagana’s own I-94, with other identification numbers altered.

In Miller’s closing arguments, he led with Sagana having “nothing to hide.”

During Sagana’s home search by HSI and, although it was not in the search warrant, Sagana told agents that they could search his cars and his other home in Chalan Piao and even waived his Miranda rights.

Miller added that Zata, in her testimony said, “I just do what my lawyer tells me to do.” Zata also did not initially answer investigators’ questions because she was worried about being deported.

Zata then pleaded guilty to the charge of conspiracy to unlawfully produce an identification document in 2021 and implicated Sagana, after which received some benefits, such as an employment authorization document, no deportation, and a driver’s license.

As for Zata’s and Garcia’s “fake” I-94, Miller said the search came up empty for computers or devices that could be used to make the document and that there were no internet searches found either on how to make fake ones.

About the CNMI law regarding licenses, Miller said the jury was not told what law was broken and does not satisfy element 2. “It just seems to be assumed that a CNMI law was broken,” said Miller. Miller told the jurors to look at Zata’s license application and see where it asks a question about immigration status.

For element No. 3, Miller said that that Flores’ evidence—Zata’s license, car, and gasoline—did not affect the movement of goods. He gave examples that Zata can drive without a license even though it’s not legal to do so, but that hasn’t prevented people from driving without a license.

“Even if she doesn’t drive with a license, how is she going to get around? She’s using gasoline, but did Shell order more gas when Zata got her license? Vehicles: do you need a license to drive a car? No you don’t need one. Did Triple J bring in more cars when Zata got her license? No. On license making equipment: it’s already in the BMV. There’s no testimony that Boni went on Amazon and ordered special equipment so he can make fake licenses—they’re already there.”

In Flores’ rebuttal of Miller’s argument, he said to the jury, “You all promised you would be fair to both sides. … If you apply the law given to you by the court, you will find that the defendant is guilty beyond a reasonable doubt.”

On Zata’s statement, ‘I do whatever my lawyer told me to do,’ Flores said she said that in the context of when she was being asked about the plea agreement.

What is crystal clear is that Zata paid Sagana for a license because she did not have legal status, Flores said. Garcia said that he paid Sagana too.

Flores acknowledged not bringing in an expert to testify “because this case is simple… The computers used to make the fraudulent I-94’s were not found in Sagana’s house—you don’t need an expert to tell you that—Sagana made them somewhere else. …I did not bring an expert in to explain to you the CNMI laws about driver’s licenses. Do you really need someone here to tell you that you need to have immigration status or be a U.S. citizen to get a license? No. Special agent West and Jonas both told you—they’re intimately familiar with the process—and you have your common sense. You also don’t need to have an expert to tell you that we live on an island and things have to come to us—interstate commerce. Use common sense.”

The first day of the trial started last July 6. There were 14 jurors, but two of them were alternate jurors and were told they could leave before the deliberation.

According to Saipan Tribune archives, the U.S. District Court for the NMI issued an arrest warrant for Sagana following a grand jury indictment back on Jan. 31, 2022.

Sagana fled the CNMI before he could be arrested and was taken into custody last May 16, 2022, in Wisconsin.

The charge against Sagana is punishable by up to a maximum sentence of 15 years imprisonment and a $250,000 fine.