Assistant Attorney General Brian D. Gallagher argued that since Angel Jess Santos, 21, “has not alleged that his plea was knowing, intelligent and voluntary, his motion should be denied.”
Gallagher said Santos’ motion, filed through his court-appointed defense attorney Joseph James Norita Camacho, “is not novel.”
Gallagher said Santos “fails to argue that the plea was anything other than knowing, voluntary, and intelligent. Nor is there any allegation that defendant is not getting the benefit of the bargain. Instead, mixed along with some baseless allegations regarding the motives of the CNMI prosecutors, the defendant bases his contention on the fact that he does not want to be sentenced.”
Gallagher said “cold feet are not a basis for withdrawal from a plea. Absent a reasonable, legal reason for withdrawal, the court should deny defendant’s motion.”
Santos does not even attempt to assert his innocence, Gallagher added.
“In fact, he admits his guilt. The fact that he is not happy with the progress of the prosecution of his three alleged co-conspirators is not a valid reason to withdraw a plea,” the prosecutor said.
“To rule that it is would certainly debase the importance of the guilty plea, and demean the proceedings at which defendant pled guilty.”
According to Gallagher, “It is obviously prejudicial to the people of the commonwealth to allow defendant to withdraw from his plea. [Santos] has admitted his guilt on several occasions, including his affidavit attached to this motion. The commonwealth would not be served by allowing him to withdraw from his plea.”
Judge David A. Wiseman has scheduled hearing for May 24.
Gallagher recommended a 30-year jail term for Santos, all suspended except for the first 18 years. Santos, moreover, will serve the full 15 years in prison, without the possibility of parole.
Wiseman said Santos has been adjudicated guilty of conspiracy to commit sexual assault on Oct. 7, 2010.
On Dec. 29, 2010, Wiseman granted the motion to dismiss without prejudice the charges of kidnapping and raping a minor filed against Alfred P. Hocog, 18; Ivan Jones Castro, 33; and Joseph Cabrera Camacho Jr. 31, as moved by the prosecution.
They have denied the charges.
The AGO said it moved for the dismissal of the charges “due to newly discovered evidence that requires further evaluation.”
