SUPERIOR COURT Presiding Judge Roberto C. Naraja said he is working diligently to find a qualified mental health professional to conduct a competency evaluation of Lucas Taitano Manglona who is accused of damaging different cars in separate incidents.
In a minute order issued on Friday, Judge Naraja noted that the CNMI judiciary is working internally to address the issue as quickly as possible.
“Time is of the essence in this matter given that the defendant has been in custody since the outset of this case,” the judge said. “Again, the court is working diligently to address this issue.
Manglona, 43, was arrested in September 2020 and charged with vandalism following multiple complaints of damage to several vehicles in Chalan Kanoa.
Manglona was identified as the culprit based on surveillance camera footage.
If found incompetent to stand trial, the criminal proceedings against him may be suspended.
A person familiar with the issue of mental health evaluation told Variety that “this is a significant current issue in criminal justice — the courts need qualified mental health professionals to evaluate and treat criminal defendants regarding competency to stand trial.”
The court previously consulted off-island doctors, but Covid-19 “has complicated that process because of travel restrictions,” said the source who declined to be identified.
At a status conference on April 22, 2021, Manglona was represented by court-appointed attorney Anthony Aguon while the government was represented by Assistant Attorneys General Heather Barcinas and Coleen St. Clair.
Judge Naraja informed the parties that the Commonwealth Healthcare Corp. had declined to perform a competency evaluation assessment.
After the government filed a motion for competency proceedings under 6 CMC § 6606, the judge ordered the AG’s office to find a qualified mental health professional to conduct the competency evaluation.
Once a mental health professional is found, the judge said that the government can submit a request to pay for such services. However, both parties objected to this order stating that under 6 CMC § 6604, it is the court’s responsibility to appoint a mental health professional.
The judge then ordered the parties to put their objections in writing, adding that the court would hear the arguments fully at a later hearing.
But Judge Naraja also acknowledged that it is the court’s responsibility to appoint a mental health professional.
However, he did not rule on the parties’ objection since the court had not formally appointed anyone.
The parties also discussed the fact that there are no other mental health professionals on island outside of CHCC; and the possibility of conducting a mental health evaluation via videoconference.
