THE Office of the Attorney General has petitioned the CNMI Supreme Court for a writ of mandamus directing Superior Court Associate Judge Joseph N. Camacho to appoint a mental health expert to evaluate two defendants.
Chief Solicitor J. Robert Glass Jr. has requested the local appellate court to issue an order directing Judge Camacho to vacate his previous order setting an evidentiary hearing in the cases of Lucas Taitano Manglona and Queena Ogumoro Fitial, and to suspend the criminal proceedings and make a determination of competency.
Glass made the following arguments:
1) The lower court clearly erred by failing to suspend all proceedings in the criminal prosecution in violation of 6 CMC § 6606(a) when it scheduled evidentiary hearings on collateral matters.
2) The judge clearly erred by setting the cases for evidentiary hearings on collateral matters as he exceeded the authority of the presiding judge’s order which transferred cases for the limited purpose of determining competency.
Defendants Manglona and Fitial, through their respective counsels, recently asked that the charges against them be dismissed for the violation of their due process and speedy trial rights.
Police said Manglona damaged different cars in separate incidents. He was charged with tampering with a vehicle and vandalism.
Fitial, for her part, was charged with burglary, assault with a dangerous weapon, assault, and disturbing the peace.
Manglona is represented by court-appointed attorney Anthony Aguon, while Fitial is represented by Assistant Public Defender Karie Comstock.
Presiding Judge Roberto C. Naraja, in a previous order, directed the defendants to find a qualified mental health professional.
But according to Glass, such a solution does not work because the mental health professional should be the court’s own appointed expert, and not someone the party finds to benefit them.
“The mental health professional will also need a contract and to be paid as well, which cannot happen when the parties act as an agent for the court as the parties do not have expenditure authority for the judiciary,” Glass added.
Judge Naraja has reassigned the competency issue to Judge Camacho for the limited purpose of determining competency.
On April 28, 2021, the government and defendants with their defense counsels appeared before Judge Camacho for a status conference.
Glass said instead of suspending the proceeding and addressing the competency issue, the court took up the issue of motions to dismiss for violation of due process and speedy trial rights that the defendants had filed.
Glass said Judge Camacho scheduled an evidentiary hearing for May 26 at 10 a.m. concerning the defendants’ motion to dismiss but did not appoint an expert.
He said Manglona and Fitial have been incarcerated and awaiting a competency evaluation since Jan. 21, 2021.
“The Superior Court clearly erred when it violated the competency statutes which require suspension of the criminal proceeding (6606[a]), appointment of a psychiatrist or other mental health professional (6604[a]), and a determination of the competency of defendant before being proceeded against. Additionally, Associate Judge Camacho went beyond the authority granted to him in the case reassignment order and violated 1 CMC §3204(b) by assigning himself to hear and decide the defendants’ motions to dismiss,” Glass said.
He requested the CNMI Supreme Court to issue an order of mandamus ordering the Superior Court to 1) suspend the criminal proceedings; 2) withdraw the order setting evidentiary hearings on the motions to dismiss; 3) appoint an expert for the mental competency evaluation; and 4) determine defendant’s competency to stand trial.
