THE CNMI Supreme Court has upheld the lower court’s order allowing a jury trial in the sexual abuse of a child case filed against attorney Joseph A. Arriola.
The high tribunal dropped an appeal filed by the Attorney General’s Office for lack of jurisdiction.
According to the high court, “The appellant waived the right to appeal the Superior Court’s order denying the government’s motion for reconsideration of the order that granted jury trial for Arriola.”
The Supreme Court decision was penned by Justice Pro Tempore David A. Wiseman and concurred by Chief Justice Miguel S. Demapan and Associate Justice Alexandro C. Castro.
The justices ruled that the government’s appeal was untimely.
In 2002, AGO charged Arriola with five counts of sexual abuse of a child. The charges carry a penalty of five years imprisonment or less and or a fine of $2,000 or less.
Pursuant to law, only those subjected to a potentially longer period of imprisonment or a larger monetary fine are entitled to a jury trial.
Arriola asked the Superior Court for a jury trial and the court granted the motion on Sept. 15, 2000. AGO filed a motion for reconsideration, but the trial court on Nov. 8, 2000 denied it.
The government, through Assistant Attorney General James J. Benedetto, filed on Dec. 5, 2000 a notice of appeal.
But the justices, in dismissing the appeal, said although the government stated that the two trial court orders were being appealed, AGO only discussed the issues surrounding the Sept. 15 order in their opening brief.
Issues relating to the order denying reconsideration were not addressed, the justices said.
The justices cited a 9th Circuit Court of Appeals ruling that stated: “We review only issues which are argued specifically and distinctly in a party’s opening brief. We will not manufacture arguments for an appellant, and a bare assertion does not preserve a claim.”
Accordingly, the justices said, AGO’s statement that the order denying reconsideration was being appealed was nothing more than a “bare assertion” because the issue was never briefed or even raised again on appeal.
