Fitial was due for sentencing in federal court yesterday.
He has been detained at the CNMI Department of Corrections facility after the Federal Bureau of Investigation arrested him on June 11, 2010.
Manglona directed both parties to submit their legal briefs on “relevant conduct” and “pattern of sexual activity” relating to Fitial’s sentencing.
Joseph James Norita Camacho, who is Fitial’s court-appointed defense attorney, objected to the presentence investigation report submitted by the U.S. Probation Office.
Camacho said the prosecution is using allegations contained in the superseding indictment that charged Fitial with two counts of deprivation of rights under color of law “to enhance the sentencing” of his client.
Camacho said his client only pleaded guilty to one count of enticement of a minor.
The 26-year-old defendant is facing a minimum of 10 years in federal prison for that offense.
The plea agreement has been filed under seal.
Assistant U.S. Attorney Eric S. O’Malley entered his appearance for the federal government.
Assistant U.S. Attorney James J. Benedetto was the original prosecutor. He is “relocating off-island.”
The court granted Camacho’s request to have attorney Michael Evangelista serve as Fitial’s counsel. The prosecution didn’t object.
Fitial acknowledged his consent for the substitution.
He was remanded to the custody of the U.S. Marshals Service after the hearing yesterday.
Also in attendance were FBI special agent Haejun Park, and attorney Bruce Mailman as guardian ad litem.
The federal court set no bail for Fitial.
Fitial was also charged in Superior Court for sexual abuse of a minor in the second degree, two counts of exploitation of a minor, assault and battery, misconduct in office, failure to report child abuse or neglect, and sexual servitude of a minor.
The case has yet to be adjudicated.
