SUPERIOR Court Associate Judge Joseph N. Camacho has ordered the parties to file briefs on whether a defendant in a child abuse case is entitled to a bench or a jury trial.
The case against Stacey Laniyo was previously handled by Presiding Judge Roberto C. Naraja, but he reassigned it to Judge Camacho on May 10.
Judge Camacho on Tuesday issued an order directing the defense and prosecution to each file a brief or memorandum on or before May 18, 2021 on whether the defendant is entitled to a jury trial or a bench trial based on the second amended information, Count I: Child Abuse for violation of 6 CMC 5312(a)(1) and made punishable by 6 CMC 5312(c); and the right to a jury trial pursuant to 7 CMC 3101(a).
According to 6 CMC 5312(c), “A person convicted of child abuse may be punished by imprisonment for not more than five years, a fine of not more than $2,000, or both….”
As stated in 7 CMC 3101(a), “Any person accused…of committing a criminal offense punishable by five years imprisonment or more, or by a fine of $2,000 or more, or both, shall be entitled to a trial by a jury of six persons.”
Judge Camacho’s order noted that a jury trial has been scheduled for June 14.
Laniyo is one of the two women arrested following the death of a 3-year-old boy in March 2020. The other defendant is the child’s mother, Lynn Fitial.
The court previously granted the request of the two defendants to have separate trials.
The government has charged Laniyo with one count of child abuse. The alleged abuse happened on or about March 12, 2020 when Laniyo “struck the child with a tree branch, a broom, or her hand or by biting him…resulting in injury clearly beyond the scope of reasonable corporal punishment and harming or threatening the child’s physical or mental health and well-being.”
Fitial was charged with child abuse in violation of 6 CMC 5312(a)(2), made punishable by 6 CMC 5312(c).
According to the prosecution, on or about March 13, 2020, Fitial failed to provide medical care for the child, resulting in his death.
Fitial, 44, and Laniyo, 37, are related and have been released to third-party custodians.
The Department of Public Safety said the injuries on the boy were consistent with abuse.
Because of the injuries, DPS requested for an autopsy to be conducted on the child.
Dr. Philip Dauterman stated that the cause of death was obstruction of the airway due to pharyngitis and tracheitis, contributed by peritonitis due to gastroenteritis.
Dauterman said the child was effectively dead when he was brought to the ER and would have presented obvious symptoms, such as vomiting, loss of appetite, diarrhea, fever, and sore throat.
The pathologist said the boy’s symptoms would have been obvious to any reasonable parent or guardian, and a cause for concern.
