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Wiseman delays Fitial’s sentencing
Superior Court Associate Judge David A. Wiseman postponed yesterday the scheduled June 17, 2015, sentencing of former governor Benigno R. Fitial.
Wiseman said Fitial’s sentencing is re-scheduled to June 24, 2015, at 1:30pm.
Wiseman ordered the former governor to appear at the sentencing.
“If the defendant fails to appear at the scheduled hearing, a bench warrant shall be issued,” said the judge in a one-page order.
Wiseman said the deadline for the parties to submit any sentencing memorandums is now due on or before June 12.
The judge did not indicate the reason for the rescheduling.
Saipan Tribune, however, learned that Wiseman has a trial on June 17.
Last month, the 69-year-old Fitial pleaded guilty to the charges of misconduct in public office and conspiracy to commit theft of services.
Fitial was in Makati, Philippines, when he appeared at the change of plea hearing via teleconference. The hearing was held in the U.S. District Court for the NMI in Garapan because it has sophisticated communication equipment.
Misconduct in public office is a misdemeanor that carries a maximum penalty of one year in prison and up to $1,000 fine, while conspiracy to commit theft of services is a felony that carries a maximum penalty of five years in prison and a $5,000 fine.
The offense of misconduct in public office refers to the time when Fitial had his masseuse—a female Chinese who was at that time a federal prisoner at the Department of Corrections in Susupe—temporarily released so she could massage him at his house on Jan. 8, 2010.
The conspiracy to commit theft of services refers to Fitial’s role in former attorney general Edward T. Buckingham’s efforts to evade lawful service of process during his departure from the Commonwealth at the Francisco C. Ada Saipan International Airport on Aug. 3 or 4, 2012.
Fitial resigned as governor on Feb. 20, 2013, days after the House of Representatives impeached him on charges of corruption, felony, and neglect of duty.
Fitial and his wife have been staying in the Philippines, where he has been undergoing medical rehabilitation.
