Cheng, who has denied the charges, was released after posting bail and not on personal recognizance as earlier reported.
She paid $1,000, or 10 percent of the $10,000 bail, and posted $9,000 in unsecured appearance bond.
“Ms. Cheng has the right to post bail as does any other defendant in her situation,” said Assistant U.S. Attorney Eric O’Malley in an e-mail.
He added, “Regarding contact with witnesses to her previous release, I understand that the judge barred contact with those witnesses. We will use whatever measures we can to ensure the order is enforced, as we always do.”
U.S. District Court for the NMI Chief Judge Alex R. Munson on Monday quashed the subpoenas served on Fitial, Department of Corrections Commissioner Dolores Aldan, Capt. Georgia Cabrera, Capt. Arnold Seman, and Corrections Officer Abigail Borja, for the evidentiary hearing sought by the U.S. Attorney’s Office to look into the “transfer” of Cheng, detained at the corrections facility, so she could massage the governor at his residence in the early morning of Jan. 8.
Munson also granted the motion of the CNMI Attorney General’s Office to vacate the evidentiary hearing on what the community calls “massage-gate.”
Designated Judge David Wiseman on Wednesday afternoon granted the motion of Cheng’s court-appointed attorney Joseph Horey for a bail modification and waiver of speedy trial.
The court reminded Cheng that she should “have no direct or indirect contact with potential witnesses.”
Yesterday, Cheng, together with her interpreter, reported to the Federal Probation Office at the Horiguchi Building, as part of the court’s conditions for her release.
Cheng also surrendered her passport.
She will return to court for her jury trial on May 10, 2010.
The court originally set the start of jury trial for Feb. 22, 2010.
Of the 24 Chinese nationals arrested by the U.S. Immigration and Customs Enforcement while attempting to enter Guam illegally on boat, at least 18 have already signed plea agreements and were sentenced to one-year probation which commenced immediately.
They were also delivered to an authorized U.S. immigration official for removal proceedings.
The U.S. Attorney’s Office said Cheng was one of the two ringleaders of the foiled illegal entry attempt.
Fees
Governor Fitial, in a Jan. 14, 2010 press statement issued by his office, said “Cheng’s fees were paid through the company she worked for.”
But in his Jan. 14, 2010 affidavit which was submitted to the federal court, Fitial did not mention that the payment for the services of Cheng were received by the management of Healing Stone Spa Yu Yu Massage, which employs his masseuse.
The affidavits of Aldan, Cabrera, and Borja did not mention that any fees were given to Cheng for her services to the governor.
The affidavits of Fitial, Aldan, Cabrera, and Borja also did not mention if Cheng willfully agreed to perform massage therapy on the governor shortly after 3 a.m. of Jan. 8.
Borja, who “transferred the custody of [Cheng] to Officer Kenneth Leon Guerrero in the booking area” after the massage on the governor was performed, also did not mention in her affidavit that Cheng’s belongings were itemized when she returned to the corrections facility.
The CNMI Attorney General’s Office did not submit any affidavit from Seman to the federal court.
