Associate Judge Kenneth L. Govendo granted the motion to set aside the conviction of Antonio Sablan Benavente, 56, Jose L. Itibus, 55, and Edwin R. Olopai, 53.
Through the representation of the Attorney General’s Office, the Adult Probation Office asked the court to vacate their conviction based on 6 CMC § 4113, which allows convictions to be purged from an individual’s record after he successfully completes his sentence.
Benavente, Itibus, and Olopai separately signed a plea agreement and manifested nolo contendere to the offense of conspiracy.
Nolo contendere is a Latin legal term that means “I do not wish to contend,” or a plea of no contest.
Govendo separately sentenced the three to six months imprisonment, all suspended, and placed them on six months probation.
Benavente’s probation/suspended sentence expired on Oct. 20, 2010; Itibus on Oct. 18; and Olopai on Oct. 21.
Benavente, Itibus, and Olopai separately paid a $500 fine, a $25 court assessment fee, a $60 probation fee, and obeyed all federal and CNMI laws during the duration of their probation/suspended sentence.
Benavente paid $600 which represented the conversion of his 150 hours of community work service; Itibus completed 100 hours of community work service at the Aging Office; and Olopai rendered 150 hours of community work service at the Ada Gym, and issued a statement of apology for his actions in open court.
On or between January up to April 2009, the AGO said, the three conspired to commit theft by deception when they punched time cards of “co-workers who were not present or working and/or to complete or sign time cards overstating and misrepresenting the hours worked.”
Another count of conspiracy against the three to commit theft by deception on or between April up to June 2009 was dismissed with prejudice, while a separate charge of obstruction of justice against Benavente was also dismissed with prejudice by the court.
Benavente unlawfully tampered with a potential government witness, the AGO said.
Then-Special Assistant Attorney General Joseph J. Przyuski filed the case against the three.
