By Bryan Manabat
bryan@mvariety.com
Variety News Staff
SUPERIOR Court Judge Joseph N. Camacho dismissed with prejudice the contempt charges against Kelvin Sanchez following a request from the prosecution just before the bench trial on Oct. 15.
Dismissed with prejudice means the prosecution cannot refile the case.
Chief Prosecutor Chester Hinds asked the court to dismiss with prejudice the third amended information charge of contempt against the 37-year-old Sanchez, saying it “is in the best interest of the Commonwealth.”
The court vacated the bench trial scheduled for Oct. 15.
According to the third amended information, “On July 10, 2024, on Saipan, defendant Kelvin Cabrera Sanchez, unlawfully, knowingly, and willfully resisted, refused and/or failed to obey the Bail Modification Order issued by the Superior Court in Criminal Case 23-0132, to wit: defendant violated the bail modification order’s terms and conditions of release. Defendant placed under house arrest, a third-party custodian shall be present with defendant at all times….”
Sanchez had previously been charged with illegal possession of controlled substances and contempt.
Assistant Public Defender Molly Dennert, who represented Sanchez, told the court that the Department of Public Safety violated her client’s constitutional rights when police towed the vehicle he had been occupying prior to his arrest.
“The car was legally and safely parked on private property. It was not impeding traffic, nor was it creating a risk to public safety,” Dennert said. She asked the court “to suppress any and all evidence obtained as a result of an unconstitutional search and seizure.”
Judge Camacho granted the request, ruling that police, under the pretext of impounding and inventorying a vehicle, conducted an unconstitutional warrantless investigation that violated the U.S. and CNMI Constitutions. The court also suppressed the drugs that were found.
Background
Police said they were attempting to apprehend Michael Olaitiman on July 10, 2024, pursuant to an arrest warrant when a witness reported seeing Olaitiman inside a vehicle parked in the Saipan Vegas parking lot.
Olaitiman was accused of assaulting his partner and threatening to kill her and her children. He faced charges including assault and battery, assault with a dangerous weapon, child abuse, disturbing the peace, and domestic violence.
Police executed the arrest warrant while Olaitiman was seated in the front passenger seat of a black Toyota Hilux driven by Sanchez. Detective Melvin Cadiang, familiar with Sanchez from previous cases, knew he was under release conditions.
Detective Britton Cruz arrested Sanchez for contempt in violation of his bail conditions. Sanchez was supposed to be under house arrest and accompanied at all times by a third-party custodian.
The Toyota Hilux was towed to the DPS impound lot, where an inventory of its contents was conducted.
