Last Wednesday turned into one of those turbulent days when Variety confirmed from two first-hand sources that the Department of Public Safety allowed nine days to lapse before processing Olga’s recovered rental vehicle for evidence including fibers and fingerprints.
DPS recovered Olga’s stolen rental car from the road of the abandoned Radar Station in Marpi on Wednesday, Oct. 12.
That same day, the vehicle was towed and released to the rental company before the car was processed for evidence.
Once DPS realized the catastrophic mistake, they called the rental car company on Oct. 19 to advise that their team would process the vehicle the next day on the company’s premises.
The following morning, Oct. 20, the DPS team did appear to process the car, but the damage to the integrity of the evidence was already in grave doubt.
During the nine days between DPS’ recovery of the car and its processing, an unknown number of leasing company employees handled, as well as drove the vehicle between various locations.
Additionally, the car was stored at the company’s outside parking lot for several days in stormy weather and was accessible to the public.
The bottom-line of the costly and completely avoidable mistake is the interruption of the police’s “evidence chain of custody” paper trail.
The error could very well closedown the investigation in record time considering any criminal case the Attorney General’s Office files, can expect immediate and vigorous challenges from defense counsel.
Variety presented several local defense attorneys with a hypothetical nine-day broken chain of custody scenario and asked for their conclusions, which were all identical.
The public prosecutor would face a steep up-hill climb to overcome allegations of evidence tampering and/or police misconduct.
“When police fail to maintain the chain of custody’s integrity, they hand deliver a gift to any good trial lawyer,” noted one seasoned local attorney.
The scenario elicited amusement in another attorney, “Good luck to the prosecutor … if I was counsel at the defendant’s table, I’d have a field day with any forensic ‘evidence’ presented as trial.”
The last defense attorney’s comment was short and sweet.
“Too much reasonable doubt for any judge or jury to convict.”
Variety interviewed CNMI Attorney General Edward Buckingham in his office Thursday and asked if he was aware of DPS’ major procedural error and his response to the allegations.
“Cases that are under active investigation will not be commented on by the Attorney General’s Office.”
Asked how the public should view these “non-statements” by government officials on such critical issues that profoundly affect every resident and tourist, the AG readily replied.
“It takes time to make systemic changes. In the AGO it took us six months to make operating, changes and fix our performance.”
Variety spoke directly with acting DPS Commissioner Aniceto Ogumoro to request a comment on the allegations and made the same request to the office of Gov. Benigno Fitial.
At press time, DPS offered no comment on the allegations nor did the governor’s office.
Olga’s back-story
During Variety’s first exclusive interview with Olga a few days after the shocking attack, she was still visibly shaken and experiencing significant distress.
One main reason for her agitated state was the fact that no tourist or government official, including the Department of Public Security, had contacted her in response to the violent encounter nor released a public statement of acknowledgement or regret.
Olga’s response to the snub was a challenge to the island’s officials, “What if I was your daughter, would you still ignore me?” that ran as the article’s headline.
The provocative question elicited an immediate personal statement to Olga from Gov. Benigno Fitial from China and a general reaction on crimes against tourists from the Marianas Visitors Authority.
Her response to the statements was pointed, “I appreciate the thoughts, but it would have been nice to get them a week ago.”
Olga’s experience since Variety featured her story one-week ago.
Olga sat for a second interview with Variety on Tuesday and although she still carried an air of nervousness, she smiled and spoke appreciatively of the acts of kindness extended to her by the community.
The gift Olga spoke most excitedly about was the Saipan Sea Ventures Sunset Dinner Cruise.
“The trip was beautiful and the staff was wonderful to me,” Olga said. “It will always be a great memory of Saipan.”
Miki Pellegrino, Saipan Sea Ventures Manager, extended the complimentary cruise offer after learning of Olga’s frightening encounter.
“We didn’t want her to leave the island without experiencing the best of our island’s friendliness and hospitality,” explained Pellegrino.
In response to Olga’s violent attack and the escalating crime on the island in general, Pellegrino offered her thoughts.
“As a community, we need to man up, face reality and solve the problem.”
In her opinion, a tourist victim task-force could go a long way in “showing the caring side of our island and provide positive memories to replace the bad ones” for the tourists who become victims of crime.
Microl Corporation also shares this attitude of community and support for unfortunate tourists.
“We extended to Olga our personal regrets and sadness about the terrible incident, waived the charges and told her not to worry about the vehicle again,” replied Douglas Brennan, VP/General Manager, when asked about the $1,500 dollars of vehicle damage inflicted by the carjacker.
Olga acknowledged the kind and gracious attitude and appreciated the support.
“For them [Microl] to focus on me as a person was very kind.”
Variety queried Olga about others who had reached out since her case was publicized on the newspapers front-page.
“Tatiana [a Russian-speaking MVA employee] came to see me and offered her apologies and support, replied Olga with a smile, “it was so nice to hear those words in Russian.”
When the subject turned to the police department however, Olga’s face grew somber.
“Nyet (no),” Olga replied as she shook her head in disgust and disbelief.
“I would like to find out why they haven’t given me an update.”
Olga’s DPS drop-in
During the hour Olga sat at a conference table with her Russian translator and DPS Criminal Division detectives —which at any given time was between one and three — the atmosphere was tense and suspicious; a strange turn of events for a victim of violent crime.
After Variety identified itself, the detectives communicated immediately their unhappiness and discomfort with the presence of a reporter and grabbed every opportunity to turn Variety into the discussion topic as opposed to providing Olga with an update on her case.
Olga’s basic request to see some piece of evidence and/or processing paperwork completed for her stolen car that DPS recovered, appeared to set off alarm bells among the detectives.
The detective halted the meeting abruptly and made successive calls to his superior for instructions on how to proceed.
“Olga could step away in private for an update,” a detective offered – but after more calls between DPS staff and their superiors she never received her moment of time.
Variety asked the detectives if “DPS Commissioner Mafnas could address Olga’s concerns directly.”
The answer, “The commissioner is not available,” was identical to every other DPS reply to Variety since our continuing requests for comment on this story began on Oct. 18.
Recognizing that nothing tangible could be accomplished in the meeting, Olga and her translator agreed it was time to leave.
As Olga stood up to go, the detectives spoke to her with reassurance, “The case is being actively investigated … but we don’t have any leads.”
Departing thoughts of the victim and visitor.
As Olga exited DPS’ Criminal Investigation office, Gray skies hovered overhead and mirrored her mood once again.
“It was confusing,” remarked Olga in the parking lot, “they copied my passport, tried to re-interview me … we went in circles and they never showed me any papers on the progress of my case, which was why I came here.”
Olga’s response was subdued and unselfish when she learned that justice is highly doubtful in her case due to DPS’ chain of evidence mistake.
“The next time that guy attacks someone, I hope nobody gets really hurt or killed.”
Although Olga did not expect her vacation in paradise to become a nightmare, she offered a gracious yet cryptic description of Saipan.
“It’s a nice island, but I get a dark feeling in some ways that are strange to me.”
What will she tell her friends about the tropical island marketed as a sun, sand and sea vacation paradise?
“Enjoy the pretty sights, but be very careful with your security and hope for sun,” she replied.
As her final statement hung in the air, she said goodbye and headed for the car and soon, the airport to take her home.
