By Cherrie Anne E. Villahermosa
Variety News Staff

A 43-year-old man who was arrested by authorities for interfering with the custody of his minor son has been charged by the Attorney General’s Office with one count of being fugitive from justice.
Brian Richard Kendall is the defendant.
Acting Chief Prosecutor Mike A. Nisperos stated in the extradition complaint that on or about Feb. 8, 2007, the Circuit Court of 17th Judicial Circuit, in and for Broward County, Florida, issued a warrant of arrest against Kendall for violation of 787.03 (1),(L4) or (interference with custody) a “felony of the third degree punishable by a term of imprisonment not exceeding five years” under Florida Statute 775.082 (3)d.
The extradition complaint stated that Kendall was arrested on April 17 on Saipan. Kendall is subject to extradition pursuant to 6 CMC 6901 et seq., the information filed by the AGO in court stated.
Kendall was brought to Superior Court for a bail hearing and was released from the custody of the Department of Corrections after he posted a $50,000 unsecured bond.
Superior Court Judge Kenneth Govendo allowed the defendant to visit his child provided the visit is arranged through the Division of Youth Services.
The affidavit to arrest, submitted in court by a detective from the Pembroke Pines Police Department in Florida, stated that Kendall unlawfully interfere, with the custody of his 10-year-old son on Jan, 2, 2006 by not returning him to his mother after a two-week Christmas holiday visit to Hawaii.
The child’s mother has primary residential custody of the child as ordered by Judge Kathleen Dekker in the Circuit Court of the Second Judicial Circuit on Sept. 10, 1999.
The Judge granted Kendall visitation custody from Dec. 20, 2005 to January 2, 2006.
The affidavit stated that Kendall was to send the child back to Florida via airplane to the Ft. Lauderdale/Holywood International Airport where the child would be met by his mother.
But on Jan. 2, 2006, the child did not arrive at the airport.
The mother reported the incident to the police on Aug. 4, 2006, and advised them that she was pursuing a case.
Police contacted Kendall via phone on Dec. 19, 2006 and told them he had custody of the child and that he was aware of his visitation rights.
Kendall told police that he did not want to return the child to the mother because he believed that she abused the child.
Kendall said he no longer resides in Hawaii because he was being “harassed” by the Florida courts and advised police that he was staying in the CNMI but would not provide a current address.
The affidavit stated that Kendall has custody of the child which is against the final judgment court order. Before the visit to Kendall in Hawaii, the child had been living in the city of Pembroke Pines.