Diaz was paroled five days before his 51st birthday last month after Gov. Benigno R. Fitial commuted his sentence.
Lizama sentenced Diaz in 2004.
“Why was this particular case not prosecuted in federal court? One has to understand that the statute [P.L. 11-24] was just enacted and Mr. Diaz was the first test case,” Lizama told the Variety.
The case was prosecuted locally because the CNMI had stiffer sentences for “ice” trafficking.
According to Public Law 11-24, “The use of dangerous, highly addicting narcotic substances has become epidemic in the commonwealth…. In the Legislature’s opinion it has become necessary to impose severe penalties on those who, without conscience, would so prey on our society as to threaten its very survival.”
Lizama said: “And, so the question is, has the governor considered Mr. Diaz’s sentence to be one deserving commutation under the circumstances?”
Lizama said if Fitial “completed all of [the governor’s] statutory obligations when exercising his power and authority to commute sentences and issue pardons, especially taking into consideration what is the right thing to do for the public and for Mr. Diaz, then I don’t see any impropriety in the governor having commuted Mr. Diaz’s sentence.”
Lizama added, however, that “what is not to be ignored is the public’s need to know the details of how the process of commutation works and how the decision to commute Mr. Diaz’s sentence was arrived at.”
Commutation of sentences, he said, cannot be abused.
“Right now, there is a need for public articulation and dissemination regarding the process and how such an important decision is reached,” he added.
“The public will now just have to watch how our lawmakers would react,” he said.
