BONIFACIO Sagana, represented by the law office of Banes Horey Berman & Miller, has requested the court for an evidentiary hearing, and filed a motion to suppress statements he made under custodial interrogation.
“Mr. Sagana, a Philippine national and a non-native English speaker, was never properly advised of his right to remain silent and to have a lawyer present during questioning,” attorney David Banes said.
Sagana was subjected to custodial interrogation, and all statements he made without having knowingly waived his rights must be suppressed, Banes added.
Sagana has pled not guilty to the charge of conspiracy to unlawfully produce an identification document.
He is accused of being involved in producing counterfeited CNMI driver’s license.
Sagana remains released on his personal recognizance, but is prohibited from leaving the CNMI.
According to Banes, his client asserts that the statements he made to law enforcement were involuntary, “in that he was not effectively advised of his rights and did not make a knowing waiver.”
“The only alleged advisement was at the initial contact, during the search of the home, via an English-only Statement of Rights form (Exhibit A). A Tagalog interpreter was not offered or provided,” Banes said.
“In his declaration, Mr. Sagana disputes the assertion in Agent West’s report (Exhibit B) that he was read his rights orally. Subsequently, at the [Homeland Security Investigations] office and in the agent’s vehicle, no further attempt to advice Mr. Sagana was made,” Banes added.
“Mr. Sagana was in custody at the HSI office. He was hemmed in by armed law enforcement agents when they entered the office through a private entrance and into a small conference room. Agent West intimidated him by slamming a binder on the conference room table. The statement that Agent West typed out and had Mr. Sagana sign was in English only and was not translated into Tagalog. Agent West continued to question Mr. Sagana in the agent’s vehicle on the way to Mr. Sagana’s house on Iriku Drive. Mr. Sagana was not free to leave the vehicle. He was not advised of his rights during the ride,” Banes said.
On Jan. 31, 2022, the federal court issued an arrest warrant for Sagana.
According to other defendants, Sagana was the person who arranged for them to fraudulently obtain a CNMI driver’s license using a counterfeited U.S. immigration visa number.
Sagana was arrested on May 16, 2022 in Wisconsin. The District Court for the NMI has scheduled his jury trial for March 14, 2023.
Bonifacio Sagana
