Vol. 34 No.216
       ©2007 Marianas Variety
Tuesday, January 16, 2007 www.mvariety.com
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Court suspends proceedings in sexual abuse of a minor case

By Cherrie Anne E. Villahermosa
Variety News Staff

THE Superior Court has temporarily suspended, for competency determination, all proceedings against a man charged for sexual abuse of a minor.
Associate Judge David A. Wiseman vacated the preliminary hearing on Thursday and the arraignment set for today for defendant Jose Ayuyu Javier.
Wiseman granted the motion of Javier’s counsel, Assistant Public Defender Douglas Hartig, for a competency determination.
Hartig stated that there is reasonable cause to believe that Javier is “incompetent to be proceeded against.”
Hartig said Javier was suffering from a mental defect at the time of the offense.
According to Wiseman, the court finds it necessary that a psychiatric evaluation be performed for Javier.
The court appointed Dr. Ala-Eldin Taha to conduct an examination of Javier and to report on his mental condition.
Wiseman said the evaluation report will be filed with the clerk of court on or before Feb. 5.
In the meantime, the judge added, the court suspends all proceedings in Javier’s criminal prosecution.
Javier was remanded to the custody of the Department of Corrections.
He was charged with two counts of sexual abuse of a minor in the first degree.
The information filed by the Attorney General’s Office in court stated that on Dec. 27, and 28, 2006, Javier, being 24 years of age, “engaged in sexual penetration with a minor who is under 13 years of age.”
Javier was arrested on Jan. 3 and was brought to court for a bail hearing on the following day.
Associate Judge Kenneth Govendo set a cash bail of $25,000 for his temporary release.