TWO cousins are appealing the lower court’s order that placed them under custody pending their sentencing over the killing of a Nikko Hotel security guard.
Sidney T. Camacho, through counsel Joseph Arriola, filed yesterday in Superior Court a notice of appeal.
G. Anthony Long, counsel for Alex T. Camacho, told Variety yesterday that his client also filed on Monday a notice of appeal.
The Camachos have appealed in the CNMI Supreme Court the order issued by Superior Court Associate Judge David Wiseman that granted the government’s motion to modify the conditions of their release.
The defendants said Wiseman has no power to modify the bail conditions pending their sentencing.
Last Friday, Wiseman ordered the Camachos to report to the Division of Corrections on Monday.
“It is important to remember that defendants have been convicted of killing a human being. They have been found guilty by a jury. Their liberty has been deprived only after due process of law and (they) thus no longer enjoy the presumption of innocence,” Wiseman said in the order.
Last May 29, a jury acquitted the defendants of second degree murder, but found them guilty of involuntary manslaughter and aggravated assault and battery.
The court set the sentencing for Aug. 29.
The Attorney General’s Office moved to modify the bail and requested that the defendants be remanded to jail pending the sentencing.
