He was sentenced originally to 25 years without parole on drug trafficking, and sentenced on lesser crimes to a jail term that was subject to parole. The Governor, under his power to pardon, exercised his “discretion” and commuted the sentence on the drug trafficking, erasing all the time that was still to be served on the drug trafficking offense. The Board of Parole then granted parole on the other offenses.
On the governor’s decision to commute the sentence of David Tanaka Diaz:
I think the Governor’s judgment to exercise his discretion in favor of a repeat drug offender is reprehensible.
Perhaps the Governor knows something that we don’t. But then the community should be told, because this is a matter of public importance.
The Legislature has long held a strong line against drug trafficking, especially of ice. The 25 year sentence without being subject to suspension, probation, or parole is one aspect of that line against drug trafficking.
The Court respected the Legislature’s policy in the case of David Tanaka Diaz, but the Governor has not. He gave a repeat offender, a THREEPEAT offender, a commutation of sentence for the worst drug-trafficking crime in the CNMI’s history.
David Tanaka Diaz has already proven that arrest, conviction and jail time for drug trafficking isn’t rehabilitative for him. His first time getting caught resulted in a federal conviction. His second time resulted in charges that were pending when he committed his third offense — the largest drug haul in the CNMI’s history.
If the Marianas Variety and KSPN had not investigated this matter, the public would not even have been told.
The Department of Corrections released David Tanaka Diaz on March 12, 2010. Yet it took a tip from an anonymous commenter on the blogs and the Variety Web site, and the follow-up investigative journalism of the Variety and KSPN for this news to even be brought to the public’s attention.
We have a known, proven drug trafficker released from jail about 16 years before the end of his criminal sentence because the Governor gave him a commutation of sentence. And the Governor has not said a word to the public?
I recognize that the Governor has the power and discretion to commute the sentence of David Tanaka Diaz. I recognize that his decision is not subject to judicial review. But I think the Governor exercised that power irresponsibly and to the jeopardy of the community. Why should this man get a break? What message are we really sending through this Governor’s action? Is this about connections? Is it about political favors and payback? Why did the Governor make this choice? Because it certainly isn’t about law enforcement or justice.
On the Board of Parole’s decision to grant parole:
Apparently after the Governor commuted Diaz’s drug trafficking, non-parolable sentence, all that was left was the sentence on the lesser crimes. I disagree with the decision by the Parole Board to grant parole on those, also.
I wonder who supported the parole? At the time of the original sentencing of David Tanaka Diaz, the CNMI Attorney General’s office asked for a sentence of 50 years. Did they suddenly change their position and decide he’s harmless? That curfew would be enough to rein in his criminal habits? Was the public notified before the Board of Parole reached its decision?
What makes me angriest is the possibility that this repeat, “threepeat” drug offender will be allowed access to our children. The Board of Parole has guaranteed that access by conditioning the release of Diaz on his doing community outreach to youth and creating a song to be played on the radio and at the schools.
I don’t want him doing any youth outreach. I think that is just a way for him to find easy prey for a continuation of illegal drug trafficking. I don’t want him singing a song that is played on the radio or in the schools. I don’t want our government to promote the possibility that any student thinks drug trafficking is a way to get airtime for your talent; I don’t want to create the possibility that any young child becomes a fan of David Tanaka Diaz. Is there any science, criminal justice experience, or rational thought to support such ridiculous terms for the release of David Tanaka Diaz? Did the Board of Parole consult with the PSS? Do they care about our children and our community?
The Board of Parole should be showered with criticism and the community should let all of its members know that their action is disgraceful.
Perhaps it’s time to follow the federal jurisprudence’s lead and abolish the possibility of parole in our own local criminal justice system.
And once more, thanks to the Marianas Variety and KSPN for getting this news to the public.
JANE MACK
San Vicente, Saipan
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