During the pretrial conference yesterday, Associate Judge David A. Wiseman said the charges against 23-year-old Noke Lee Rogopes are dismissed without prejudice, which means that it can be re-filed again.
The AGO has told the court that it lacks key witnesses.
The AGO filed a motion to dismiss without prejudice on July 28 based on several grounds — the victim has relocated and left the CNMI without setting a return date; a witness has relocated out of the CNMI and has no plans of returning here; another witness moved to Guam and has no plans to return here.
“The court finds that the reason for the motion to dismiss without prejudice is in good faith and is not contrary to public policy,” Wiseman said.
He said the case is serious enough that if the witnesses return to the CNMI, the AGO will not be barred from trying the case.
But the court said if the witnesses cannot be located within the next 12 months then the case will be dismissed with prejudice.
The defendant was charged with committing sexual abuse in the second degree to an 11 year-old on April 28, 2007. He was arrested on the same day and was charged on Oct. 24, 2007.
