“We cannot allow this case to remain in a state of limbo,” Wiseman stated in his order, referring to the unavailability of the piece of evidence which the prosecution said has yet to be tested by the FBI.
The jury trial for Michael Anthony Jackson, 33, was supposed to be held last month, but did not push through, but a status conference last week.
In his order, Wiseman acknowledged that the FBI has “an overwhelming workload and numerous priorities from around the country and their…assistance to the CNMI is most appreciated.”
Wiseman directed the prosecution to furnish the FBI of his written order about the “court’s respectful request to try to prioritize the testing of items” in this case, or inform the Attorney General’s Office when it may expect any results from the testing.
Wiseman said: “It is further ordered that the court expresses its sincere appreciation for the services that the FBI has and continues to provide to the CNMI.”
To date, Wiseman said the only thing the government has received from the FBI were the results from the fingerprint analysis.
The other evidence not yet received consists of a rape kit and DNA samples collected from Jackson’s vehicle, the court was told.
Chief Public Defender Adam Hardwicke opposed the trial setting of the case, arguing that “there is potentially exculpatory evidence under the control of the government which has not yet been tested.”
The prosecution said the FBI had several items involving the case for testing since last October.
The prosecution added it made several repeated requests for some action on the results of the testing.
Assistant Attorney General Tiberius Mocanu represented the government during the hearing.
Wiseman scheduled another status conference for September.
Jackson has been detained since his arrest last October. He is being held on a $100,000 cash bail.
The court has found probable cause that Jackson kidnapped and raped a 15-year-old girl last year.
Jackson was charged with kidnapping, sexual abuse of a minor, and assault and battery. He has denied the charges.
Police earlier told the court that after Jackson sexually abused his victim inside his silver/gray Honda Civic near the old Japanese bunkers on Airport Road, he smoked “ice” and forced his victim to smoke, too.
In 1998, Jackson was sentenced to three years imprisonment, all suspended, except for 60 days, for burglary.
For theft and criminal mischief, he was sentenced to a one-year jail term but all suspended.
