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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.
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