Yesterday afternoon, U.S. District Court for the NMI Designated Judge David Wiseman granted Cheng’s motion for bail modification filed by her court-appointed lawyer Joseph Horey.
Wiseman also granted Cheng’s motion for waiver of speedy trial, and set the trial date for May 10, 2010.
Wiseman likewise granted the request of Assistant U.S. Attorney Kirk Schuler, who is prosecuting the case, to order Cheng not to have any direct or indirect contact with the “witnesses to her previous release” — Fitial, Department of Corrections Commissioner Dolores M. Aldan, Capt. Georgia Cabrera, Capt. Arnold Seman, and Officer Abigail Borja.
The four corrections officials brought Cheng to the governor’s residence so she could massage him in the early morning of Jan. 8.
“Don’t talk to them. Don’t text them. No calls, e-mail,” Wiseman told Cheng.
“We’re glad that [Cheng] was released. I hope everybody will have the courtesy and respect to leave her alone [so she could] live her life. She didn’t ask to be a celebrity,” Horey told the Variety shortly after the hearing.
Horey said he’s not aware of any danger to his client’s life.
He said Cheng, who has pleaded not guilty, is happy to be back in the community.
Cheng, who was in jail for over a month, was ordered to pay $1,000 or 10 percent of the $10,000 bail, and post a $9,000 unsecured bond.
The court also directed Cheng to surrender her passport; to stay away from seaport, airport and Tinian ferry; to stay away from the ocean, except at a hotel where she could be working.
Cheng was also directed to report to the Federal Probation Office, and to follow its terms.
Prior to the court hearing, Wiseman met with Schuler and Horey in the judge’s chamber.
Granted
In another case, Wiseman granted the motion for bail by five defendants in the Jan. 30 foiled attempt to enter Guam illegally from Rota.
The court ordered Shixu Huang, Lihua Yi, Jingfan Zhang, Pingping Zhang, and Zhanshan Zhang to each issue $2,500 as unsecured appearance bond.
They were also directed to stay away 200 feet from any part of the ocean.
The defendants were told not to leave Saipan, and to stay away from the seaport, airport, or any type of boat or vessels for land or sea.
They were directed to report to the Federal Probation Office.
The defendants, who had denied the charges, were represented by their court-appointed attorneys Robert O’Connor, Bruce Berline, Michael Dotts, Mark Hanson, and Anthony Long.
The court set the federal jury trial for April 12, 2010.
Assistant U.S. Attorney Kirk Schuler is the prosecutor.
