“Fitial is charged with violating a person’s civil rights when he used his position of authority to force the person, a minor child, to engage in sexual acts while the minor was in the custody of the juvenile detention unit, located in Kagman on the island of Saipan,” according to a statement from U.S. Attorney for the District of Guam and the CNMI Leonardo M. Rapadas.
A federal agent described the case as “horrible.”
Fitial’s arrest comes as part of a wider and ongoing investigation into abusive behavior by guards at the Kagman detention facility, the statement added.
Rapadas said the Federal Bureau of Investigation is leading the investigation while Assistant U.S Attorney James Benedetto will prosecute the case.
Rapadas said “guards at any correction facility have a duty to protect detainees from injury and degradation, especially when those detainees are merely children.”
The indictment is only an accusation, the statement added. The defendants are presumed innocent until and unless proven guilty.
During the hearing, Alsup advised Fitial of his constitutional rights and the charges against him.
The judge then granted the oral motion of Assistant U.S. Attorney Eric O’Malley, who represented the federal government, to schedule Fitial’s detention hearing and arraignment for Tuesday next week.
Loren Sutton was the court-appointed attorney for Fitial.
After the hearing Alsup remanded Fitial to the custody of the U.S. Marshals Service.
