of support to modify bail and to set conditions for her pre-trial release.
Sutton, in his memorandum filed in federal court, said the right to pre-trial release is fundamental as mandated under conditions that will reasonably assure the presence of the person and the safety of the community, and the court must take into consideration several factors to determine these.
Sutton said the factors include the nature and seriousness of the offense with which the defendant is charged, the weight of evidence against the defendant, the defendant’s character, physical and mental condition, family and community ties, past conducts, history of drug and alcohol abuse, criminal history, and the nature and seriousness of the danger to the community if the defendant is released.
The lawyer said King was born on Saipan and has lived here all her life, and there is nothing on record to show she has a tendency for violent behavior.
Sutton said the defendant should not be denied release on the grounds of risk of flight or dangerousness as the court can set conditions to ensure that the defendant will not flee the jurisdiction.
The lawyer added that releasing the defendant to a third party custodian will be sufficient to protect the community from any threat of danger.
He noted that the defendant has no history of violence.
King, who was one of three persons indicted in federal court, pleaded guilty to one count of conspiracy to utter counterfeit obligations and securities, and three counts of passing counterfeit obligations during an arraignment last week.
U.S. District Court for the NMI Chief Judge Alex R. Munson accepted King’s guilty plea.
She will be sentenced on July 14, 2009 at 9 a.m.
King signed a plea agreement with the U.S. government.
The indictment stated that King bought some items at Tapo Fashion with a fake $50 bill in connivance with Nestor Taitano on Jan. 12, 2009.
King then kept the items she bought and gave the change to Taitano.
On the same day, King made another purchase at Fashion Avenue with a fake $50 bill, and bought gasoline at the Koblerville Shell Station with another $50 counterfeit bill, under the same arrangement with Taitano.
