AT 2:22 p.m. Thursday, jurors found Stacey Laniyo guilty of one count of child abuse.
Stacey Laniyo is escorted by a CNMI Marshal at the Guma Hustisia on Thursday after jurors found her guilty of one count of child abuse.
After the announcement of the verdict, and despite the opposition of her defense counsel, Superior Court Associate Judge Joseph N. Camacho ordered Laniyo to be remanded to the custody of the Department of Corrections.
The judge set her sentencing for Sept. 8 at 10:30 a.m.
During the trial that began on June 14, Laniyo appeared out of custody, which was allowed by a court-approved pretrial release order.
Attorney Mark Scoggins, who represents Laniyo, told the court that the defense intends to request a new trial.
“We also intend to file [a] prosecution misconduct [complaint]. I know, your honor, that you did your best, but the fact is, this prosecutor is out of control, and her behavior was appalling. This matter does involve serious questions about the fairness of the trial,” Scoggins said as he asked the court not to remand Laniyo to Corrections “at this time.”
“The court was here,” the lawyer added. “The court knows what happened. The court knows who was at fault, and the court should know that there was a very serious chance that Ms. Laniyo’s rights were prejudiced by the behavior of the prosecutor.”
Scoggins said his client “has been out for a year — she deserves to have her individualized sentence, including the possibility of time served. If she gets sentenced to a short sentence or a long sentence in September, she can serve them or a portion of them until the Supreme Court, hopefully, will stay [the proceedings]. There’s no need to take her into custody right now.”
According to the prosecution, Laniyo struck a 3-year-old 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.”
Laniyo, 37, and Lynn Fitial, 45, were arrested following the death of a 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 has granted their request to have separate trials.
As for Lynn Fitial, the prosecution said she failed to provide medical care for the boy resulting in his death.
Lynn Fitial was previously granted immunity so she could testify in the trial of her partner, Stacey Laniyo, without fear of self-incrimination.
But Lynn Fitial’s testimony was impeached by the prosecution during trial because she did not provide testimony that was similar to what she told police.
Assistant Attorney General Coleen St. Clair prosecuted the case and called nine witnesses including Lynn Fitial to testify.
According to the Commonwealth Code: “A person convicted of child abuse may be punished by imprisonment for not more than five years, a fine of not more than $2,000, or both; however, the court may, upon conviction, order that the person be provided with appropriate counseling to cure, alleviate or prevent psychological problems that are judged to be related to the child abuse incident.”
Chief Prosecutor John Bradley, in an email to Variety, said: “Coleen St. Clair was a powerful voice for the young child victim who could not speak for himself. I urge everyone to speak up if you see child abuse.”
