THE Superior Court has denied businessman Patrick M. Calvo’s renewed motion for a jury trial in two cases charging him for sexually abusing two children.
Associate Judge Juan T. Lizama said that after a thorough review of the record, the court is persuaded that the previous judge, Virginia S. Sablan-Onerheim, who presided on the case carefully considered all issues and arguments raised by both parties in her decision not to grant Calvo a jury trial.
“There is no clear error or changed circumstances in this case that would allow for deviation from law of the case principles,” Lizama said.
He said the court’s previous order denying Calvo’s motion for a jury trial is still conclusive.
The judge ordered the government and the defendant to appear for the bench trials as scheduled in each case. The first bench trial was set for June 18, while the second was set for August.
In Nov. 2000, the Attorney General’s Office filed separate informations charging Calvo with the sexual abuse of a child.
The defendant, through attorney G. Anthony Long, moved for a jury trial, but AGO opposed the motion.
The court rejected the parties’ stipulation regarding a stay of the proceedings pending the outcome of another case appealed to the CNMI Supreme Court on the same issues.
In Feb. 2001, the court denied Calvo’s motion.
On Wednesday, Lizama heard Calvo’s renewed motion for a jury trial.
Lizama in his order issued that same day cited a 9th Circuit Court of Appeals ruling that states: “A decision of law, once made, becomes the law of the case.”
Lizama said Calvo has been afforded two opportunities to be heard on the same issue of whether he will be granted a jury trial.
According to AGO, on or about April 1, 1997, the defendant “did have sexual contact with the (victim), a child under the age of 16 and who is not his spouse.”
AGO in the second complaint alleged that the defendant committed the same offense to another child in Jan. 1998.
Calvo had pleaded not guilty.
