On Friday, defendant Joseph Ray Arriola Jr., 20, through the Public Defender’s Office, filed a motion for reconsideration, saying the court should either 1) grant Arriola’s motion to suppress immediately, or 2) grant the motion upon filing an affidavit or declaration alleging facts sufficient to support the allegations, without permitting the government to oppose.
Wiseman said after careful reconsideration, the court believes that Arriola’s second request for relief is warranted.
As a general rule, he added, any motion filed in court may be opposed by an opposing party. “However, in view of the circumstances surrounding this case, the court believes that the government has been given ample opportunities to oppose defendant’s motion, but has failed to do.”
Wiseman said the government “has not been diligent in providing opposition to [Arriola’s] motion to suppress and has further failed to respond to such serious allegations against a Tinian police officer regarding his method of questioning and interrogation.”
On May 3, 2010, Arriola filed and served on the government a motion to suppress statements.
At the May 14 hearing at the Tinian courthouse, the government did not file any opposition to Arriola’s motion and thus the court allowed the government until June 1 to file any response.
On June 11, the government had still failed to reply to Arriola’s motion.
Arriola and Kurt M. King, 29, were arrested for raping a woman at a Tinian cemetery last December.
They are currently out on bail.
