By Gina Tabonares
Variety News Staff

THE lawsuit filed by an inmate against 33 former and current GovGuam officials was dismissed without prejudice by the District Court of Guam yesterday.
Judge Alex Munson, in a six-page decision, said Alexander Kitano failed to state a claim on his complaint and should seek remedy at the Superior Court of Guam first and the Supreme Court of Guam.
Kitano alleged that the defendants violated his constitutional rights by transferring him off-island, by failing to timely consider him for parole, and by failing to provide him with due process at his parole hearing by not securing his presence at the hearing itself, resulting in the denial of his parole.
Kitano filed the complaint against 33 officials, including Gov. Felix P. Camacho, former Gov. Carl T.C. Gutierrez, 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.
The inmate asked for a jury trial to compel incumbent and past government officials to perform their duties as stated in the U.S. Constitution.
The defendants’ lawyer, Deputy Attorney General William Bischoff, said there’s no clear constitutional right that exists for an inmate housed off-island to be transported to Guam for a personal appearance at parole hearings.
Bischoff said the defendants have no clear affirmative obligation to pay for the travel expenses of the plaintiff and the escorts that would be necessary for the exercise of that right, if it does exist.
The defense lawyer earlier said that Kitano is a Guam prisoner serving a life sentence for the murder of a Guam prison guard and his stay in a federal penitentiary at Lewisburg, Pennsylvania is for security reason.
The GovGuam officials noted that Kitano has been eligible for parole for the last three or four years, but because he was not physically present during the parole hearings, his parole was denied.
The defense stated that Kitano did not complain about not being permitted to submit documentary evidence, which can be done without being physically present at his parole hearings.
The GovGuam officials said they are willing to accommodate Kitano’s appearing by telephone or by video conferencing, if available, for his parole hearings.