U.S. District Court for the NMI Chief Judge Alex R. Munson granted the motion of the proseuction to continue trial date for two days, asserting the unavailability of some of its witnesses and one of its lawyers. Both parties stipulated to waive the pre-trial conference on this retrial.
The court also removed the curfew restriction set on Pelisamen for June 15 and 16.
On June 1, 2009, defense counsel Douglas F. Cushnie filed a motion requesting the court to deny the prosecution’s motion for continuance of trial.
Cushnie asked for no continuance based on lack of diligent preparation or failure on the prosecution’s side to obtain witnesses.
Cushnie earlier said the prosecution must clearly establish why it could not have witnesses available.
The trial date has been in existence for 30 days so there is no basis to assert surprise or lack of time, he said.
On May 1, 2009, Munson declared a mistrial after a 12-member jury and two alternates reached a deadlock and were not able to agree on a verdict
A grand jury indicted Pelisamen and lawyer Joseph Aldan Arriola on five counts of violating federal laws in a scheme to defraud the heirs of the estate of Rita Kaipat.
Pelisamen was appointed administrator of the Kaipat estate on Sept. 27, 2005 while Arriola served as Pelisamen’s counsel in that probate.
The indictment stated Pelisamen and Arriola made over $600,000 in unauthorized withdrawals from the estate in execution of their scheme, but only Pelisamen is on trial for this case.
