Visiting Chief Judge William H. Alsup of the Northern District of California granted the federal government’s motion to maintain confidentiality on all matters and the identifies of minors relating to the case that led to the arrest of Division of Youth Services jail guard Tyron Farley Reyes Fitial, 24.
His detention hearing and arraignment was scheduled for tomorrow.
Fitial was arrested on the charge of one count of deprivation of rights under color of law on Friday by the Federal Bureau of Investigation, together with the U.S. Marshals Service, the Drug Enforcement Administration, and the local Department of Public Safety.
Alsup also appointed local lawyer Bruce Mailman as the victim’s guardian ad litem.
In his declaration in support of the government’s ex-parte application for protective order and motion for appointment of guardian ad litem, Assistant U.S. Attorney James J. Benedetto said there are three minor children in the case.
“Attorney Bruce Mailman has experience as a guardian ad litem [to make recommendations to the court concerning the minors’ welfare] and is already familiar with some facts of this case,” stated Benedetto, who is prosecuting the case.
U.S. Attorney for the Districts of Guam and the CNMI Leonardo M. Rapadas said “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.”
Fitial’s arrest comes as part of a wider and ongoing investigation into abusive behavior by guards at the Kagman detention facility, Rapadas’ statement added.
The indictment stated that Fitial coerced by means of force and threats to engage in sexual acts while the victim was a ward of the Kagman Juvenile Detention and Correctional Facility from Oct. 2009 through February this year.
Fitial was remanded to the custody of the U.S. Marshals Service after the hearing on Friday.
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