Diaz denied the charges yesterday.
According to the indictment, between on or about Aug. 1, 2010 and Sept. 30, 2010, Diaz planed in to entice the victim “to engage in sexual activity” which is sexual abuse of a minor in the third degree under CNMI law.
Also on same dates, Diaz called the victim on the phone “to engage in sexual activity,” which is also sexual abuse of a minor in the third degree under CNMI law, the indictment stated.
It is also a third degree criminal sexual conduct as a third degree felony under the Guam criminal code.
All acts, moreover, were in violation of Title 18, United States Code, Section 2422 (b).
Diaz had sexual act with the minor “whom he believed to be under the age of 16” after he traveled to the CNMI, the indictment further stated.
U.S. Circuit Judge A. Wallace Tashima denied the oral motion of attorney Joseph Horey, who is Diaz’s court-appointed defense counsel, that his client be released on certain conditions.
Assistant U.S. Attorney James Benedetto, who represented the government, requested the court to order Diaz to stay away from and avoid any contact with the victim or any immediate family member of the victim which the court granted.
The court scheduled Diaz’s jury trial for Aug. 29, 2011 and remanded him to the custody of the U.S. Marshal Service after the hearing.
