Assistant U.S. Attorney James J. Benedetto filed a superseding indictment against Fitial, 24, in federal court for two counts of deprivation of rights under color or law, and one count of enticement of a minor.
Three victims were involved, the prosecution stated.
From Oct. 2009 through Feb. 2010, according to the prosecution, the 24-year-old Fitial, “while acting under color of law,” knowingly kicked, struck, and forced his first victim to engage in sexual acts.
“The offense resulted in bodily injury, and involved acts of aggravated sexual abuse against the [victim] who was a ward of the Kagman Juvenile Detention and Correctional Facility,” the complaint stated.
It added that Fitial “willfully subjected” his second victim “to coerced sexual acts, thereby willfully depriving [the victim] of rights secured and protected by the Constitution and laws of the United States, namely, the right to personal bodily integrity, and the right to be free of unauthorized and unlawful physical abuse by state intrusion.”
Regarding his third victim, Fitial “did use a facility and means of interstate or foreign commerce, a telephone,” to entice his victim “to engage in sexual activity,” the complaint stated.
“Commonwealth law prohibits any person 16 years of age or older from engaging in sexual contact and sexual penetration with a person who is 13, 14, or 15 years of age and at least three years younger than the offender,” the superseding complaint stated.
The jury trial of Fitial, who is being represented by court-appointed attorney Joseph James Norita Camacho, starts on Oct. 12, 2010.
Fitial had denied the charges against him.
