Wiseman earlier cited the 53-year-old Aldan for civil contempt for his failure to surrender the firearm, and postponed indefinitely his release from his six-month incarceration on June 7, 2010.
In his “notice to the court and the attorney general” filed on June 30, 2010, Aldan declared that the handgun was issued to a Department of Public Safety officer who dated the inmate’s nephew.
The officer gave the gun to Aldan’s nephew instead of surrendering it when it was being recalled or replaced by DPS.
Aldan obtained the gun from his nephew.
Aldan told the court he believes that DPS retrieved the gun from where he hid it to protect the wrongdoing of the officer.
“The court welcomes this forthcoming information from [Aldan]; however, the court finds it necessary to clarify inconsistencies with [Aldan’s] former testimony, as well as, the declaration. Thus, the court needs to hear additional testimony, in order to determine if [Aldan] has purged himself of his contempt,” Wiseman stated in his written order yesterday.
Wiseman required Aldan to appear for his court hearing on Aug. 3, 2010 “to elaborate on his declaration,” since Aldan’s counsel Joaquin DLG. Torres was off-island.
In his ruling last May, Wiseman said Aldan provided the court with “an incredible story that consisted of a conspiracy between Tinian police officers to hide [Aldan’s] loaded handgun” from the defendant.
Moreover, Wiseman noted, Aldan failed to support his arguments with any corroborating evidence.
Prior to the show cause hearing, Wiseman said Aldan never stated that the defendant believed the gun was in possession of Tinian DPS.
The Tinian police earlier informed the Attorney General’s Office that it did not have a record of the firearm used by Aldan against his former partner.
