Melvin David Diaz, who is represented by court-appointed defense attorney Joseph Horey, is currently detained at the CNMI Department of Corrections.
Diaz has asked the court for a transfer of venue.
The fact that Diaz is from Guam does not weigh in favor of transfer, Hayes ruled.
He cited other factors that also “do not weigh in favor of transfer,” such as location of witnesses, location of events likely to be in issue, location of documents and records likely to be involved, disruption of Diaz’s business, expense to the parties, location of counsel, accessibility of trial location, and docket conditions.
Diaz argued that if this case is not transferred to Guam, his trial and sentencing will likely be assigned to a visiting judge.
“[Diaz] has not demonstrated that he has been or will be prejudiced if his case is assigned to a visiting judge,” Hayes said.
Diaz also failed to demonstrate a need for transfer pursuant to Rule 21(b), Hayes added.
According to the indictment, between on or about Aug. 1, 2010 and Sept. 30, 2010, Diaz planed in to entice the victim “to engage in sexual activity” which is sexual abuse of a minor in the third degree under CNMI law.
Also on same dates, Diaz called the victim on the phone “to engage in sexual activity,” which is also sexual abuse of a minor in the third degree under CNMI law, the indictment stated.
It is also a third degree criminal sexual conduct as a third degree felony under the Guam criminal code.
Diaz had sexual act with the minor “whom he believed to be under the age of 16” after he traveled to the CNMI, the indictment stated.
Diaz has denied the charges.
Assistant U.S. Attorney James Benedetto is prosecuting the case.
