ASSISTANT U.S. Attorney Albert Flores Jr. has requested the federal court to deny Bonifacio “Boni” Sagana’s request to suppress a statement he made under custodial interrogation.
Homeland Security agents did not place defendant under formal arrest, Flores added.
“No handcuffs were applied, no body contact was made with defendant, there was no restriction of defendant’s liberty. Defendant clearly could speak and read the English language, evident by his declining an interpreter offered by an agent,” Flores said.
“The [Homeland Security Investigations or] HSI agents made a concentrated effort to acquiesce to defendant’s comfort throughout the consensual interview. By speaking with defendant at his home upon request; by removing tactical law enforcement vests upon request; by switching out personnel to provide an agent that defendant personally knew by request; by offering defendant water and a seat in the conference room; and by offering to take defendant to the hospital. Agents were courteous with defendant’s time and moved efficiently while simultaneously coordinating the ongoing execution of the search warrant at defendant’s residence,” Flores said.
“Not only was there no formal arrest, but there was also no detention, pat down, or any intrusiveness on defendant’s liberty that could remotely call into question whether an arrest was made,” Flores added.
“The special agent made it clear to defendant on two separate occasions that he was not under arrest. Rather, defendant’s interview with HSI agents on March 8, 2021, was a consensual encounter with law enforcement,” Flores said.
“Special Agent David West was polite, professional, and lawful while interacting with Sagana on March 8, 2021. This court should deny defendant’s motion to suppress statements.”
The prosecutor included the interview notes in his response to Sagana’s motion to suppress statements he made under custodial interrogation.
Sagana is represented by the law office of Banes Horey Berman & Miller.
According to attorney David Banes, Sagana was never properly advised of his right to remain silent and to have a lawyer present during questioning.
He was also “subjected to custodial interrogation” so all statements he made without having knowingly waived his rights must be suppressed, Banes added.
Sagana has pled not guilty to the charge of conspiracy to unlawfully produce an identification document.
He is accused of involvement in a scheme to produce counterfeit CNMI driver’s licenses.
Sagana remained released under his personal recognizance but is prohibited to leave the CNMI.
The District Court for the NMI has scheduled Sagana’s jury trial for March 14, 2023.
Boni Sagana
