CHIEF Judge Ramona V. Manglona of the District Court for the NMI has denied the request of Shuo Qiu, also known as “Ike,” for a bail modification and to be released to a third-party custodian.
Qiu has been charged with possession of over 50 grams of methamphetamine with the intent to distribute; possession of a firearm in furtherance of a drug trafficking crime; and possession of a firearm and ammunition by an alien unlawfully in the United States.
The defendant, through attorney Robert T. Torres, wanted to be released to his “close friend” John Magofna as third-party custodian.
The court noted that without submitting an affidavit or declaration by Magofna, Torres informed the court, through a motion, that Magofna is a 28-year-old security guard for a private company who “informs [of] no criminal history or criminal record.”
The U.S. government, however, opposed the defendant’s motion, and according to the U.S. Probation Officer, the proposed third-party custodian had been arrested for a possession offense and for reckless driving.
When asked by a U.S. probation officer about his arrest for possession, Magofna said he “forgot” about the arrest, which was for driving a stolen vehicle, and was “unable to recall…specific details.”
A copy of a Department of Public Safety police report indicated he was charged with possession based on illicit substances found in the vehicle he was operating and in his personal bag.
U.S. Probation Officer Gregory Arriola said Magofna was not suitable to be a third-party custodian based on his lack of candor.
At a hearing held on April 11, 2022, the defendant’s attorney said reopening the detention hearing would be proper because they were unaware of Magofna as a potential and viable third-party custodian at the time of the Jan. 27 detention hearing.
“Defendant further averred that if permitted to take the stand, Magofna would explain that he had not been convicted of the crimes for which he was arrested and had other explanations for his criminal record,” the court stated.
But Judge Manglona did not see the need for Magofna to take the stand because of the possibility that he may incriminate himself without the advice of counsel.
Finding no basis to reopen the detention hearing, the judge denied the defendant’s motion.
The judge ordered Qiu to remain detained pending trial. Qiu, whose jury trial will start on Oct. 4, 2022, has pled not guilty to the charges.
