In his memorandum in support of the motion to modify bail and set conditions for pre-trial release, Sutton told the federal court that his client is not a danger to the community.
“There is nothing [in Cabrera’s] background to indicate a propensity for violence nor is there anything in his demeanor or personality that obviously suggests that he has a propensity for violent behavior,” the lawyer said.
Sutton said after the release of his client from federal prison in Jan. 2009, Cabrera relocated to Guam where he was employed.
“[Cabrera] remained in good standing until his arrest in Oct. 2009,” Sutton added.
The prosecution said Cabrera conspired with Jawn Joyner and Sharee Maratita, a.k.a Sharee Demapan Diaz, in distributing “ice” on Saipan.
On Oct. 7, federal agents arrested Cabrera on Guam, while Joyner and Maratita were arrested here.
From Jan. 2008 to March 17, 2009, Joyner and Maratita, in collaboration with Cabrera, sold “ice” on Saipan, records showed.
But according to Sutton, “Discovery provided so far indicates that the evidence of [Cabrera’s] involvement comes solely from statements of [Joyner].”
Sutton said “there is no evidence that [Cabrera] was involved in drugs, either use or distribution, while in Guam.”
Upon completion of paperwork, U.S. District Court for the NMI Designated Presiding Judge David A. Wiseman approved Cabrera’s release to his relatives as third-party custodians on Tuesday.
