|
By Gina Tabonares
Variety News Staff
THE case filed by a prisoner
against 11 government officials proceeds after the district court granted
the petitioners request.
Alexander Kitanos civil case against Gov. Felix P. Camacho, former
Gov. Carl T.C. Gutierrez and past and present jail officers, was stalled
because the prisoner needed to pay the filing fee of $350.
Kitano, who is currently serving a life sentence in a penitentiary in
Lewisburg, Pennsylvania, is asking for a jury trial. He is 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 guilty plea for murder offense. He is eligible for parole after serving
15 years.
The U.S. District Court of Guam will proceed with his case in forma pauperis,
a term used for filers who are so poor that they cannot bear the charges
of suing at law or in equity.
In the case of Kitano, he consented through a prisoners consent
form the collection of the filing fee, as well as any other fees, costs
or sanctions from his trust account.
The court directs that an initial partial fee of $76.23 be withheld from
Kitanos trust account.
In his motion for preliminary action, Kitano asked the District Court
of Guam to compel the 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 his statutory rights which have always been provided to the
inmates in the Mangilao facility.
He 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
or denying parole and should afford opportunity to inmates to personally
appear and present documents upon eligibility on the prisoners sentence
or after a greater time set by the sentencing court.
Besides Camacho and Gutierrez, the other defendants in the case are GTPBs
Jose Salas, Soledad Chargualaf, and Connie Duenas, as well as Department
of Corrections director Robert Camacho, Francisco Marion, Edward Flores,
former Guam Police Department chief and now Sen. Frank Ishizaki, Francisca
Santos, Eustaquio Punzalan, Jesus Rivera, Angel Sablan and several John
Does.
|