This is not about humanitarian consideration for a person suffering from back pains or a political sour-grape. This is about complying with the law.
I have several questions that I recommend that the US Attorney’s Office, the CNMI Office of the Attorney General, the Office of the Public Auditor, and both houses of the Legislature should be asking to get to the bottom of this matter. This humiliating incident has caused the CNMI so much misery and grief to our image that it cannot be shoved under the carpet, cannot be ignored, and must be thoroughly investigated and, if any law is violated, must be prosecuted to the fullest extent possible. Government corruption cannot and must not be tolerated.
In this regard, I would like to ask the following:
1. Was the temporary release a violation of a federal court order? The detainee was denied bail by a federal judge. Her temporary release would seem to be a violation of a federal court order. Would this constitute contempt of court? What remedy or options does the federal court has to carry out or execute its order? What good is a federal court order if a state government ignores it? What punishments are available for violators of a federal court order? If the governor is found to be in violation of a federal court order, would that be sufficient for an impeachment?
2. Does the CNMI governor have the unilateral authority to release a federal detainee being held in CNMI prison facility? What is the existing detention agreement between the CNMI and the federal government regarding the use of CNMI detention facility for federal detainees? Can the CNMI terminate this agreement? If so, would the federal government ask the CNMI to return the federal funds used in the construction of the facility?
3. Were the CNMI Division of Corrections guards used for the temporary transport of the detainee from DOC to the governor’s residence part of the regular DOC shift? If so, given the already limited number of staffing at DOC, was the prison facility left with minimal and insufficient number of staff to operate and manage the facility thereby potentially leaving the CNMI community at risks? Was community safety ever considered? If not part of the regular shift, were the guards called in to work “over-time” creating more financial burden to the CNMI taxpayers?
4. What mode of transportation was used for the transfer? How many vehicles did DOC used to transfer the detainee? Who paid for the fuel?
5. Does DOC have “Standard Operating Procedures” or SOP? If so, was the SOP followed or violated in the temporary release of a federal detainee? If it was violated, what types of punishments are available for the violators? Who would prosecute the violators since the CNMI Office of Attorney General is already defending the actions of those involved? The same office cannot simultaneously prosecute and defend the same case.
6. Who are the responsible parties? All participants are supposed to be responsible for their actions. Is the commissioner of DOC responsible for the unauthorized released of a federal detainee? Are the DOC guards who drove and apparently guarded the detainee also liable for the unauthorized release and transfer? Is the governor, being the recipient or beneficiary of the “massage” liable for the unauthorized release considering he is the ultimate supervisor for all DOC employees and management? What remedies and punishments are available for each of these parties? Would conviction for these offenses meet the threshold for an impeachable offense?
7. Was the federal detainee paid for her services? If so, how was she paid, who paid her, how much? Did the massage performed by the federal detainee violate CNMI labor laws? If so, what types of punishments are available? If not paid and considering that she was a detainee escorted by guards, was she forced to perform the massage? Did she even have a choice to say “no” considering that she was under detention? Does this constitute “slavery”? What types of punishments are available to those who knowingly and willingly plan, conspire, perpetrate, commit, and assist in the commission of a crime or violations of CNMI and/or federal laws including forced labor? Would conviction for these offenses constitute impeachable grounds?
8. Since public funds seem to have been used in the unauthorized transfer of a federal detainee, why is the Office of the Public Auditor, Office of the Attorney General, CNMI Legislature, and others not initiate their own investigations to determine if CNMI laws were violated? Is there a cover-up?
9. Why is the CNMI Office of the Attorney General defending the parties involved in the unauthorized released of a federal detainee? This is setting a very bad and unlawful precedent for future corruption charges. The offenders should retain their own legal counsels, as the unauthorized release is not part of their official duties or functions.
I recommend that the U.S. Attorney’s Office immediately call on a federal grand jury to investigate this matter and, if probable cause is found, issue indictments where appropriate.. The CNMI Office of the Attorney must also appoint a special prosecutor to investigate this matter and, if necessary, prosecute the offenders. The AG’s Office is already tainted by its questionable actions in defending alleged government corruption.
Failure to investigate this matter thoroughly and to prosecute the offenders will further diminish our people’s trust on our criminal justice system. If this matter is not dealt with correctly, federal and CNMI prosecutors will lose legitimacy and be accused of selective enforcement and prosecution of government corruption in all future cases.
As stated earlier, the governor receiving a personal massage from a federal detainee and the uproar that followed is not about politics. It does not matter whether this incident was based on humanitarian reasons (as he could have easily gone down to CHC and line up at the emergency room like the rest of us to get treatment. Maybe then he would understand why people are complaining about our healthcare services). This is also not “just an isolated incident” or that “it would not be done again.” No one is above the law.
I am truly amazed by the amount of stupidity demonstrated by our government officials involved in this matter and really look forward to seeing it resolved soon as our local, regional, and international image have been severely tarnished and damaged. We expect and deserve better from our leaders particularly if their actions or inactions affect our community’s safety and wellbeing. We must be vigilant and seek for the truth. We must apply the law and enforce and prosecute offenders equally, fairly, and uniformly.
Thank you for sharing my thoughts on this terrible incident.
JONATHAN GUERRERO
San Vicente, Saipan
