SUPERIOR Court Associate Judge Joseph N. Camacho has recused himself from hearing the motion of Stacey Laniyo, 37, who wants a new trial.
Last month, Laniyo was found guilty of one count of child abuse by a jury, but she now alleges that she did not receive a fair trial because of “prosecutorial misconduct.”
In his recusal order, Judge Camacho noted that one of the jurors was his brother.
“Both parties did not strike for cause and use their preemptory challenge to remove juror [No.] 2,” he said, referring to his brother.
At the time, he said, there was no legal conflict with the judge presiding over the case and a sibling of the judge sitting on the jury.
“A judge decides the legal issues, while the jury decides the facts of the case,” Judge Camacho added.
On June 24, 2021, Judge Camacho remanded Laniyo to the custody of the Department of Corrections after her conviction.
Laniyo, through attorney Mark Scoggins, filed a motion for a new trial on July 1, 2021.
According to Scoggins, “A new trial is warranted because the pervasive, egregious, intentional, unethical, and irresponsible prosecutorial misconduct that permeated every aspect of the trial in this matter, beginning even with the jury selection, robbed Ms. Laniyo of her right to due process under the U.S. and CNMI Constitution.”
Judge Camacho, in his recusal order, stated that though the defense motion for a new trial focuses on the actions and conduct of the prosecutor, he is concerned that there may be a conflict.
“The conflict touches upon this concern: the defendant’s motion for a new trial would require to, in effect, vacate the jury’s verdict,” the judge said.
He would be ruling on a decision of jurors, one of whom is his brother.
“I will note that the conflict only arises to the defendant’s motion for a new trial. The rest of the case is unaffected,” he said.
Judge Camacho returned the matter to Presiding Judge Roberto C. Naraja for reassignment to another judge on “either (1) just the defendant’s motion for a new trial or (2) the entire case, including the defendant’s motion for a new trial.”
Assistant Attorney General Coleen St. Clair prosecuted the case.
Laniyo and Lynn Fitial, 45, were arrested following the death of a 3-year-old boy in March 2020. The boy was an adopted son of Fitial and was in the care of Laniyo.
Laniyo and Fitial were each charged with one count of child abuse. The court granted their request to have separate trials.
According to the prosecution, Laniyo struck the boy with a tree branch, a broom, or her hand or by biting him, “resulting in injury clearly beyond the scope of reasonable corporal punishment and harming or threatening the child’s physical or mental health and well-being.”
As for Lynn Fitial, the prosecution said she failed to provide medical care for the boy resulting in his death.
Joseph N. Camacho
