Superior Court Presiding Judge Robert Naraja also directed the Office of the Adult Probation to report to the court on Friday if the Federal Probation Office can help come up with a new presentence investigation report for Calvo, 47.
Calvo was supposed to be sentenced yesterday.
Citing conflict of interest, his attorney G. Anthony Long moved to strike out the presentence report prepared by Probation Officer Simram Simram and submitted on Dec. 30, 2009.
Chief Probation Officer Ursula Lifoifoi Aldan signed the probation office’s recommendation, with 13-page written report and more than 1-inch thick of attached letters, petitions, or impact statements.
Collaboration with the Federal Probation Office was mentioned since the other probation officer who could prepare a new presentence investigation report was “untrained,” Aldan told the court.
Long said Aldan should have recused herself from approving the recommendation since her family is engaged in a business, competing with that of Calvo’s.
Long said a long jail term for Calvo, as recommended by the Office of the Adult Probation, would diminish the defendant’s business.
Assistant Attorney General Brian Gallagher, who is prosecuting the case, argued that there was no evidence of conflict of interest, and moved for the sentencing yesterday.
Gallagher called Simram to the witness stand.
Simram told the court he was not aware of any business interest of Aldan, his superior.
Simram said he had not been “influenced” during his more than 16 years in the service.
He said except for grammatical errors corrected, there were no changes in his report when Aldan returned it.
In his oral order, Naraja explained to the people in the gallery, which included the victim and her relatives, the process of the criminal justice system, including entertaining and ruling on a motion.
Prior to the start of yesterday’s sentencing hearing, the victim and her relatives arrived at the court shortly after 9 a.m.
Wearing dark pants, light-colored long sleeves and black shoes, Calvo, together with his relatives, arrived minutes before the scheduled 9:30 a.m. sentencing hearing.
With a can of soda on his right hand, Calvo and his relatives emerged from the elevator, not knowing that his victim and her relatives were seating on a bench across from the elevator.
On Sept. 28, 2009, Calvo, currently out on bail and released to a third party custodian, was found by a jury guilty of sexual assault in the second degree, and sexual abuse of a minor in second degree.
The court subsequently found Calvo guilty of sexual abuse of a minor in the third degree, and disturbing the peace.
Calvo’s sentencing was originally set for Nov. 30, 2009, but this was moved to Dec. 7, 2009.
The court had set yesterday’s sentencing in a written order last month.
