THE CNMI Supreme Court has affirmed the trial court’s dismissal of the sexual assault case against Tim Onopey.
In its issued opinion on Oct. 11, the high court found that “the trial court has authority to manage the terms of dismissal, and that it was not an abuse of the court’s discretion to dismiss the case with prejudice, since the prosecution did not provide the court any reason to allow it time to continue its investigation or re-file charges against Onopey.”
“This case reminds us that the rule of law is that the guilty are convicted and punished and the innocent are free,” said attorney Robert T. Torres, who represents Onopey.
“While the prosecutor’s job is to do justice, thankfully the courts exist to check against injustice. Defenders don’t represent criminals, as is often misunderstood — we defend every person’s constitutional rights. Yours,” Torres added.
“Here the government knew the evidence before that Tim Onopey was innocent and yet it persisted in dismissal without prejudice for no good reason. That was not justice and while the Supreme Court found there was no bad faith in seeking dismissal, we also know that the motion to dismiss was certainly not made in good faith. The Supreme Court in its decision underscored the court’s role in checking against improper dismissals intended to harass or intimidate defendants,” Torres said.
“Wrongfully charged and an injustice corrected, Tim Onopey can now try to move on with his life from this case,” the lawyer added.
Last year, Superior Court Associate Judge Joseph N. Camacho dismissed with prejudice the sexual assault charge against Onopey.
“With prejudice” means the case cannot be refiled.
The Office of the Attorney General then appealed the ruling to the CNMI Supreme Court.
For his part, Onopey’s co-defendant, Frankie Rettanlug, was sentenced by the trial court to eight years in prison after he pled guilty to sexual assault in the first degree.
Onopey, 25, and Rettanlug 28, were accused of raping a 17-year-old girl in a beach area. They were charged separately.
According to court information, on May 29, 2022, at around 8:17 p.m., police responded to two reported sexual assault incidents at the Guma Sakman in Susupe, and arrested Rettanlug and Onopey.
The girl told police that she had consensual intercourse with Onopey, but Rettanlug had sexual intercourse with her without her consent.
