“[Aldan] retains the ability to purge the contempt and obtain his release by…an affirmative act,” Wiseman said.
He has postponed Aldan’s scheduled release on June 7, 2010 after six months of incarceration at the Department of Corrections facility.
Aldan, 53, has been convicted of domestic violence.
“An incarcerated contemnor must be afforded the opportunity to purge the contempt and, at regular intervals, to present new evidence tending to show that confinement has lost its effect or that there is no reasonable possibility of compliance with the court order,” Wiseman pointed out.
Aldan’s counsel Joaquin DLG. Torres had not replied to the inquiries of this reporter.
Wiseman conducted show cause hearings for Aldan, 53, who testified that he overheard some Tinian police officers discussed that a “loaded gun” had been recovered at the time of his arrest last July.
Eight Tinian police officers testified as well as Aldan and his wife Dolores Mendiola Aldan, former corrections commissioner and now a special adviser of the governor.
An officer said two .22 long rifles, and three pellet guns were recovered, while the two officers who transported Mr. Aldan to Tinian harbor en route to Saipan told the court they did not discuss any “loaded gun” as claimed by the defendant.
Wiseman said Mr. Aldan provided the court with “an incredible story that consisted of a conspiracy between Tinian police officers to hide [Aldan’s] loaded handgun” from the defendant.
Moreover, Wiseman noted, Aldan failed to support his arguments with any corroborating evidence.
Prior to the show cause hearing, Wiseman said Aldan never stated that the defendant believed the gun was in possession of Tinian DPS.
As part of a favorable plea agreement that dismissed charges of illegal possession of a firearm and assault with a dangerous weapon filed against the defendant, Aldan pleaded guilty to assault “crime of domestic violence,” central of surrendering the handgun.
