ATTORNEY Robert T. Torres is opposed to the Office of the Attorney General’s motion to dismiss without prejudice the rape case against his client, Tim Onopey.
Dismissal without prejudice means the government can refile the case against Onopey at a later time.
Torres said the government should instead dismiss the case with prejudice.
“The government has not provided factual basis to support the notion that dismissal without prejudice is in the interest of justice,” he added.
He said for his client, a non-immigrant citizen of the Federated States of Micronesia, “the ignominious nature of this case carries with it not only a criminal conviction but a permanent deportation from the United States, if convicted.”
“For Mr. Onopey,” Torres said, “resolution through dismissal with prejudice is appropriate as he can always be charged at any time within the statute of limitations…. He would again be arrested and again face a potential jail term of thirty years in jail.”
“What is salient is that it would be manifestly unjust to dismiss the case without prejudice for the government to be able to re-charge Mr. Onopey at a time of its choosing…when but for the short continuance Mr. Onopey was and is prepared to assert his right to a speedy trial and jury trial,” Torres added.
He said, “The government should not have the luxury of holding the ‘Sword of Damocles’ over a defendant by dismissing a case when it knows, based on the evidence it possesses, that the facts compel against continued prosecution in favor of dismissal with prejudice.”
Chief prosecutor Chester Hinds has asked the Superior Court to dismiss the case without prejudice.
Associate Judge Joseph N. Camacho has scheduled a hearing for Dec. 15 at 10 a.m.
Recently, the judge sentenced Onopey’s co-defendant, Frankie Rettanlug, to eight years in prison after the defendant pled guilty to sexual assault in the first degree.
Onopey, 25, and Rettanlug 27, were accused of raping a 17-year-old girl in a beach area. They were charged separately.
According to the prosecution, on May 29, 2022, at around 8:17 p.m., police officers responded to two reported sexual assault incidents at the Guma Sakman in Susupe and arrested Rettanlug and Onopey.
