THE local Supreme Court has vacated the dismissal of charges against Willie Carnell Frink, 40, a steward supervisor of a maritime prepositioning ship, who was arrested in November 2022 after being accused of sexually assaulting a female crewmember. The high court’s decision leaves the CNMI Attorney General’s Office free to continue the prosecution.
After hearing testimony from the investigating officer at a preliminary hearing in November, the Superior Court concluded that there was insufficient evidence to detain Frink for trial and dismissed all charges. Prosecutors filed a petition in the CNMI Supreme Court, requesting an order reinstating the charges.
In its decision, the high court wrote, “we are left with a firm conviction that the trial court erred in its analysis of the evidence presented at the preliminary hearing…the trial court’s ruling is clearly erroneous as a matter of law.”
At the preliminary hearing, the lead detective testified that Frink, while alone with the victim in a hotel room, pushed her down on the bed, prevented her from escaping, and engaged in sexual intercourse with her despite her requests for him to stop.
The Supreme Court concluded that the Superior Court improperly discounted this evidence.
The decision instructs the Superior Court to evaluate the case again according to the correct legal standard. A probable cause finding would permit the prosecution to continue with the case.
