Vol. 34 No.230
       ©2007 Marianas Variety
Monday, February 5, 2007 www.mvariety.com
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© 2007 Marianas Variety
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11 GovGuam officials to have court date for inmate’s case

By Gina Tabonares
Variety News Staff

AFTER serving summons to past and present GovGuam officials, the District Court of Guam wants lawyers for the defendants to appear for a scheduling conference next month to determine court dates for the complaint filed by an inmate.
The officials, including Gov. Felix P. Camacho, former Gov. Carl T.C. Gutierrez and eight former and current jail officers, were cited in the complaint filed by Alexander Kitano, a federal prisoner who complained of civil rights violation because he was not given a chance to work on his parole.
Other officials who are being asked to answer the complaint are Department of Corrections director Robert Camacho, Sen. Frank Ishizaki, R-Yona, who was sued in his capacity as former police chief, Guam Territorial Parole Board former chairman Jose Salas, chairman Soledad Chargualaf, members Connie Duenas, Francisco Marion, Edward Flores, Francisca Santos, Eustaquio Punzalan, Jesus Rivera, Angel Sablan and several John Does.
In a scheduling notice issued by the federal court, counsels for concerned parties should submit a proposed scheduling order and proposed discovery plan on or before Feb. 21, while counsel for the plaintiff must take the lead in the preparation of the scheduling order.
If a concerned party or its counsel failed to participate in good faith in the framing of a scheduling order, the district court may impose a sanction against it.
A scheduling conference will be held on March 8 at 10 a.m.
Kitano, who is currently serving a life sentence in a Lewisburg, Pennsylvania penitentiary, is asking for a jury trial, alleging that his civil rights were violated because he was denied release on parole, and was not given a chance to personally appear and present documents before the Guam Territorial Parole Board upon his eligibility.
He was sentenced to life imprisonment on June 26, 1987 after entering a plea of guilty to murder charges. He was eligible for parole after serving 15 years.
In his motion for preliminary action, Kitano asked the federal court to compel incumbent and past government officials to perform their duties as stated in the U.S. Constitution.
According to the prisoner, for almost four years, the defendants failed to provide him with statutory rights which have always been provided to inmates in the Mangilao facility.
Kitano asked for a meaningful and adequate parole board meeting by returning him to the jurisdiction of the Guam Territorial Board.
Under the law, the Guam Territorial Parole Board is responsible for releasing a prisoner or denying parole, and should afford the opportunity to inmates to personally appear to present documents related to the sentence when eligible for parole.