By Bryan Manabat
[email protected]
Variety News Staff
SIX jurors on Tuesday found Justin Diaz, 40, not guilty of second-degree sexual abuse of a minor and disturbing the peace.
Superior Court Associate Judge Kenneth L. Govendo, who presided over the trial, polled each juror individually. Each affirmed that “not guilty” was their verdict on both counts.
After the hearing, Diaz told reporters he just wanted to thank the jurors. Assistant Public Defender Emily Thomsen, who represented Diaz, also thanked the jury and declined further comment.
Chief Prosecutor Chester Hinds called the verdict difficult to accept.
“That was a tough one. This is a tough case,” Hinds said.
“The victim in this case recanted, which means she took back her original allegations, but we did have DNA evidence. So I am not exactly sure what the jurors saw — or didn’t see. To me, the DNA was very compelling. That was the reason we took this case to trial.
“I feel sad for the victim because she has been through a lot and was put in a position where she had to recant what happened. But I feel like we tried our best. The whole office worked hard to get this done. Unfortunately, the jury did not see it my way.”
Closing arguments and deliberations
Following closing arguments Monday afternoon, Judge Govendo told jurors he would deliver instructions for deliberations Tuesday morning. Diaz faced charges of second-degree sexual abuse of a minor and disturbing the peace.
In his closing argument, Hinds urged jurors to rely on the evidence.
“We’re asking you to believe the evidence,” he said. “The evidence shows that [the victim] was sexually abused on the night of Aug. 22, 2023. I’ve stressed the DNA evidence as well. It’s kind of like a witness. We don’t have a camera, but the DNA is like our witness to what happened that night.”
Thomsen countered that the alleged victim fabricated the accusations to escape a strict home environment.
“She wanted to get away from [Diaz], her possessive and controlling boyfriend, and school,” she said. “By August 2023, she couldn’t take it anymore… so she made up a story about [Diaz] sexually abusing her.”
Thomsen said the girl attempted to recant while in Guam by contacting the Office of the Attorney General but received no response. After returning to Saipan, she wrote a letter retracting her allegations and gave it to the defense team.
Motion for acquittal denied
Outside the jury’s presence, Judge Govendo denied a defense motion for acquittal.
Chief Public Defender Douglas Hartig argued that the prosecution’s primary evidence consisted of hearsay — out-of-court statements offered for impeachment.
“Without that statement to DYS officers, this is not a case upon which reasonable jurors could differ and find guilt beyond a reasonable doubt,” Hartig said.
Hinds countered that a motion for acquittal may be granted only if no reasonable juror could find the defendant guilty. He said the government presented testimony from the victim, police officers, and a nurse — all of whom testified the girl reported sexual abuse — and emphasized the DNA evidence recovered from the girl’s underwear.
Victim recants
Earlier in the trial, the alleged victim recanted her accusations, telling jurors she lied when she previously claimed Diaz had sexually assaulted her.
Asked directly whether Diaz abused her, she replied, “No.” She testified that she fabricated the allegations because Diaz was strict and would not allow her to go out or see her boyfriend. She said she was emotional and worried she might be pregnant.
She also admitted lying to medical personnel, including the sexual assault nurse examiner who evaluated her at the Commonwealth Health Center. Prosecutors sought to impeach her testimony by introducing prior statements, including a recorded forensic interview in which she alleged abuse.
Background
The case began after a 14-year-old boy told police his girlfriend was contemplating suicide and said she had been sexually abused by Diaz. She later told DYS and CPS personnel that the Aug. 22 incident was not the first time Diaz had abused her and that she did not feel safe around him. She was admitted to the CHC pediatric ward for her safety.
Government witnesses included police officers, DYS forensic interviewers, the girl’s ex-boyfriend, her mother, and an FBI expert.
The jury trial began March 2. Hinds and Assistant Attorney General Frances Demapan prosecuted the case, while Hartig and Thomsen represented Diaz.
Bryan Manabat was a liberal arts student of Northern Marianas College where he also studied criminal justice. He is the recipient of the NMI Humanities Award as an Outstanding Teacher (Non-Classroom) in 2013, and has worked for the CNMI Motheread/Fatheread Literacy Program as lead facilitator.
