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    Tuesday, March 26, 2019-3:48:18P.M.

     

     

     

     

     

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PDO asserts murder suspect’s right to speedy trial; asks for postponement

THE Public Defender’s Office, which is representing 58-year-old murder suspect Alfonso S. Parongan, asserted his right to a speedy trial — only to ask the Superior Court for a continuance after it set a trial schedule.

Parongan is accused of killing a woman and seriously injuring her husband outside their home in Chalan Kanoa in Oct. 2017.

Alfonso S. Parongan

Assistant Public Defender Nancy Dominski has filed a motion to dismiss, saying that Parongan’s right to a speedy trial has been violated.

She said Parongan was arrested on Oct. 29, 2017.  “Over one year and three months later Parongan still has not been to trial,” she added.

Dominski said the delay is “presumptively prejudicial.” The government, she added, is responsible for the delay that is due to a “bureaucratic indifference” to the defendant’s constitutional rights, and delay in appointing and obtaining government experts.

At a status conference before Associate Judge Joseph N. Camacho on Feb. 13, 2019, Parongan appeared in the custody of the Department of Corrections and was represented by Dominski while Assistant Attorney General Robert C. Lee appeared for the government.

Judge Camacho set the jury trial for Aug. 12, 2019 at 9 a.m. and a pre-trial conference/motion hearing/Daubert hearing for May 15, 2019  at 9 a.m.

A Daubert hearing is “a trial judge’s evaluation of whether or not an expert’s testimony and evidence are admissible.”

On Feb. 14, 2019, Chief Public Defender Douglas Hartig filed for a motion to continue trial, saying he will be taking over the case.

He said he will be attending an American Bar Association conference in California on Aug. 12, 2019.

Hartig said  he has informed the prosecutor by email, adding that the prosecutor does not oppose a continuance.

Hartig requested that the trial be set for Aug. 19, 2019.

In July 2018, Assistant Public Defender Nancy Dominski told the court that the defendant was pleading not guilty for reason of insanity.

Dominski also requested that Parongan’s mental evaluation be filed under seal which the court  granted.

Parongan was charged by the Office of the Attorney General with first degree murder, attempted second degree murder, and assault with a dangerous weapon.

Using a kitchen knife, Parongan repeatedly stabbed Josefina Pineda, 53, and seriously injured her husband Anthony “Ambit” Barit. 62, on Oct. 29, 2017, police said.