Joseph James Norita Camacho, the court-appointed defense attorney for Tyron Farley Reyes Fitial, 25, made a good case that moving the trial would prejudice the defendant, according to the one-page order of Tydingco.
“The government’s arguments for moving the trial do not defeat that case; there will be a judge available to preside over the trial,” Tydingco added.
The judge said the jury trial for Fitial remains scheduled for April 18, 2011.
In its expedited motion to continue trial, Assistant U.S. Attorney James J. Benedetto, the prosecutor, said “although the parties have been diligently pursuing a pretrial disposition in this matter, and remain hopeful of reaching an agreement in the next weeks or so, the government is proceeding with this request out of an abundance of caution.”
In addition, Benedetto said the federal government has just learned that an evaluation or assessment of one of the victims has been conducted.
“Although the government has not yet obtained the report, upon information and belief, it will provide support for an argument that the victim is “particularly vulnerable,” he said.
Under the circumstances, Benedetto added, “it would be unreasonable for the defense to consider having the report reviewed by its own expert, in order to possibly rebut the “particularly vulnerable victim” enhancement.”
Benedetto wants the trial rescheduled for May.
In opposing the federal government’s motion, Camacho cited his tight schedule in May and said: “While defense counsel can offer a fearless defense for each and every client, defense counsel cannot break the laws of physics and be in two places at the same time.”
The prosecution also filed a notice of intent to use the expert testimony of Karen Blackwell, FBI’s forensic child interview specialist, and Philip Tedeschi, a licensed clinical social worker.
Fitial has denied the charges of using his position at the Kagman Juvenile Detention and Correctional Facility to force three female wards to engage in sexual acts with him.
Fitial has been in detention since June 11, 2010 after federal agents arrested him.
The federal court set no bail for Fitial.
He was also charged in Superior Court for sexual abuse of 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.
