The two women were arrested in the death of a 3-year-old boy in March 2020.
The government has charged Laniyo with child abuse in violation of 6 CMC § 5312(a)(1), made punishable by 6 CMC § 5312(c). The alleged abuse happened on or about March 12, 2020 when Laniyo struck the child with a tree branch, a broom, or her hand or by biting him.
Fitial, the child’s mother, was charged with child abuse in violation of 6 CMC 5312(a)(2), punishable by 6 CMC 5312(c). On or about March 13, 2020, the government said Fitial failed to provide medical care for her son, resulting in his death.
It was Fitial’s counsel, Assistant Public Defender Vina Seelam, who filed a motion to sever, which Laniyo, through her attorney Mark Scoggins, joined.
In their motion, Fitial and Laniyo stated that they are not accused to have committed offenses arising out of common acts or transactions, and the only similarity is the victim.
In his order, Judge Naraja stated that he was persuaded by the defendants’ arguments and noted that the prosecution did not file an opposition and had left the matter to the discretion of the court.
Assistant Attorney General Erin Toolan represented the government.
In his order, the judge said: “The government does not allege any connection between the two alleged incidents. Each defendant is charged under two separate subsections of 6 CMC § 5312, and the government does not allege a common scheme, plan, or conspiracy.”
The judge added, “The government does not allege that Ms. Laniyo’s strike/bite caused the death of the victim and that Ms. Fitial failed to provide adequate treatment of such death based on Ms. Laniyo’s alleged strike/bite. There also isn’t an allegation that the two defendants planned to hurt the victim. There seems to be no logical relationship between the two events besides having the same victim.”
The judge said said he had no choice but to grant the motion to sever.
Fitial, 44, and Laniyo, 37, have been released to third-party custodians.
If convicted of child abuse, they may be liable for imprisonment not exceeding five years, a fine of not more than $2,000, or both.
According to the Department of Public Safety, the injuries on the boy were consistent with abuse.
Fitial had told police that the boy had been ill and was given ibuprofen, which he vomited, “before he was observed to have stiffened.”
Laniyo, who is related to Fitial, told police that the child was without fear and was “very naughty.”
Laniyo said she had spanked him with a tree branch to “discipline him because he was naughty.”
Dr. Philip Dauterman stated that the cause of death was obstruction of the airway due to pharyngitis and tracheitis, contributed by peritonitis due to gastroenteritis.
Dauterman said the child was effectively dead when he was brought to the hospital’s ER and would have presented obvious symptoms such as vomiting, loss of appetite, diarrhea, fever, and sore throat.
The pathologist said the boy’s symptoms would have been obvious to any reasonable parent or guardian and a cause for concern.
