Jurors found Kurt B. King, 30, who is Arriola’s co-defendant, not guilty of sexual assault in the first degree, and kidnapping.
The 20-year-old Arriola earlier pleaded guilty to a lesser offense.
According to the criminal information filed by Assistant Attorney General Russel Lorfing, Arriola perjured himself twice on Dec. 2, 2010 during a hearing presided by Judge David A. Wiseman on Tinian.
The prosecution said Arriola, who was then under oath, told the court that “he had never stolen anything, never burglarized, or never stolen from family,” and “he never assaulted the victim contrary to a signed plea agreement.”
On Dec. 14, 2010, Wiseman granted the motion to withdraw as counsel by Assistant Public Defender Richard Miller, while Arriola’s plea was also withdrawn.
In his motion to withdraw as counsel, Miller told the court that Arriola are refused to talk to him “and no longer acknowledges [Miller] as his lawyer.”
“Mr. Arriola made his dissatisfaction with counsel known on the witness stand, in open court, at the trial of his co-defendant on Dec. 1, 2010,” Miller stated.
“Against the clear and unequivocal advice of counsel,” Miller said Arriola “testified for the defendant…. In doing so, Mr. Arriola waived his right to remain silent and acted in a manner with which counsel has a fundamental disagreement.”
Arriola Jr. has been released to his father Joseph, the defendant’s third party custodian, after posting $15,000, either in cash or property bond.
The court appointed Joseph James Norita Camacho as counsel for Arriola.
Wiseman scheduled Arriola’s jury trial for May 9, 2011 at the Tinian courthouse.
