Mr. Aldan, 52, has been serving his six-month jail term since Dec. 7, 2009 at the Department of Corrections facility without the possibility of parole.
As part of the plea agreement, Aldan had to surrender the firearm he used against his former domestic partner Ellis F. Barcinas.
Last month the Attorney General’s Office filed motion to set aside the plea agreement with Mr. Aldan and open a case against the him.
But yesterday, the AGO informed Superior Court Associate Judge David Wiseman that it was withdrawing its motion.
Wiseman noted that Mr. Aldan poked and pulled the handgun’s trigger many times at his victim.
“I don’t know,” Assistant Attorney General George Hasselback replied to Wiseman’s inquiry on the reason why the government was withdrawing its motion to open the case.
Hasselback told Wiseman that the court “has to take up [the matter] with [his] supervisor.”
Hasselback was referring to Chief Prosecutor Rosemond B. Santos, who did not reply to an e-mail from this reporter.
Hasselback also told the court that even during the continuance of the hearing on March 31, 2010, he would not have the chance to provide an answer to the court.
Hasselback said he was “not part of the decision process” when the AGO decided to withdraw its motion to open the case in Superior Court against Mr. Aldan.
“I was told to withdraw the motion,” Hasselback told reporters.
Mr. Aldan appeared in court under Department of Corrections custody. His counsel was not present.
The court advised him to contact his attorney for the next hearing.
Mr. Aldan pleaded guilty to assault and was sentenced to six months imprisonment without the possibility of parole.
He is expected to be released on June 7, 2010.
The court also directed Mr. Aldan to surrender the firearm he used in the crime.
After serving his term, Mr. Aldan will be on supervised probation for three years under the direction and supervision of the Office of Adult Probation.
The court directed Mr. Aldan not to have any contact with his victim.
//
