Palacios, 48, appeared in court for his bail hearing yesterday on charges of two counts of possession and trafficking of “ice.”
The court ruled that Palacios is ineligible for a court-appointed defense attorney based on the indigency assessment by the Adult Probation Office.
Chief Public Defender Adam Hardwicke, who represented Palacios, said the bail order was high.
He noted that the bail schedule for “ice” trafficking is $25,000 and $5,000 only for “ice” possession.
He then asked the court to lower the bail to $30,000 from $60,000, which Inos granted.
The judge also ruled that Palacios, who has no passport, is not a flight risk but is a “danger to this community.”
Inos said there will be no favoritism or favored treatment extended to Palacios, who was then remanded to the custody of the Department of Corrections after the afternoon hearing.
Assistant Attorney General Nicole Driscoll represented the government during the morning hearing while Chief Prosecutor Michael Ernest was in court for afternoon hearing.
Palacios, Covenant-Saipan, will return to court for his preliminary hearing on Nov. 8. His arraignment is set for Nov. 14, 2011.
In his affidavit, CNMI Drug Enforcement Task Force Detective Steven Castro said that on Sept. 5, 2011, a Department of Public Safety cooperating source informed them that the lawmaker “is active in selling crystal methamphetamine.”
Police said the cooperating source bought “ice” from Palacios sometime in August.
According to police, Palacios said “if the cooperating source wanted to buy more …’ice’ [the source should] call him on his cellular phone.”
On Oct. 17, 2011, Inos signed an eavesdropping search warrant against Palacios.
On Oct. 19, 2011, CNMI Drug Enforcement Task Force and the Criminal Investigations Bureau conducted a monitored and controlled buy-walk operation against Palacios.
The cooperating source called Palacios on his cellular phone and ordered $100 worth of “ice.”
“Palacios agreed to do the drug transaction and [set the] meeting,” Castro said, adding the drug deal occurred in the parking lot of Bank of Guam in San Antonio.
The white crystalline substance bought from Palacios indicated presence of crystal methamphetamine when tested using narcotics identification kit.
On the same day, a second monitored and controlled buy-walk operation was conducted by the same police elements using the same cooperating source who purchased another $100-worth of “ice” from Palacios.
The substance yielded result of presumptive positive for crystal methamphetamine, police said.
Castro said during the first monitored and controlled-buy-walk operation on Palacios, the surveillance team observed the lawmaker’s vehicle, with plate number ADY 991, coming out from a house of a known drug dealer in Chalan Kanoa, and then proceeding to the pre-arranged location for the drug deal.
Police identified the individual as Cunyan Ma, girlfriend of Ignacio Leon Guerrero Sr., and the caretaker of Leon Guerrero’s house in Chalan Kanoa.
Police said at the end of the second monitored and controlled buy-walk operation, the surveillance team closely followed and monitored Palacios as the lawmaker headed into Chalan Kanoa and parked outside Cunyan Ma’s residence.
Castro requested the Superior Court to issue a search warrant on the residence of Leon Guerrero Sr. currently being occupied by Cunyan Ma.
Last May, the Superior Court sentenced Leon Guerrero, also known as Kabayu, to a 20-year jail term for “ice,” and marijuana trafficking.
Cunyan Ma was arrested on April 21, 2011 for one count of trafficking and possession of “ice.” She has denied the charge and her jury trial starts on Jan. 16, 2012.
The court allowed Cunyan Ma to post a $50,000 property bond, and was released to Carlene Faisao as third party custodian.
Palacios is Leon Guerrero’s brother in law.
Special panel
The House Special Committee on Official Conduct and Ethics was tasked to recommend action on the criminal case against Palacios, the chairman of the House Education Committee.
Speaker Eli D. Cabrera, R-Saipan told reporters yesterday that he created the special panel initially to look into Palacios’s impending arrest.
But since Palacios was arrested on Friday, Cabrera said the committee will now have to decide “what to do” with the Precinct 2 lawmaker.
The special committee is composed of House Floor Leader George N. Camacho, Ind.-Saipan and the chairman, House Minority Leader Joseph P. Deleon Guerrero, R-Saipan, Reps. Teresita A. Santos, Ind.-Rota, Trenton B. Conner, R-Tinian, Ray N. Yumul, R-Saipan, Edmund S. Villagomez, Covenant-Saipan, and Fredrick P. Deleon Guerrero, Ind.-Saipan.
They agreed to have themselves tested for drugs before they come up with a recommendation.
Cabrera expressed hope that Palacios will be “cleared” as he expressed sympathy with his colleague’s family, one of the biggest in Precinct 2.
Although Palacios is innocent until proven guilty, Cabrera said the Legislature “is a lawmaking body, so its members cannot just look away when they see one of them run into something like this.”
The Legislature must have the people’s confidence.
In a separate interview, Camacho said they will meet on Nov. 7 to come up with a final report which includes a recommendation.
The recommendation may include suspension, which means Palacios will not be allowed to attend future sessions and collect his salary while his case remains pending in court.
Variety also learned from Palacios’s office that he will step down as chairman of the House education committee.
Camacho said he wishes Palacios well.
“It’s sad. I wish he’s okay,” he added.
For his part, Rep. Froilan C. Tenorio, Covenant-Saipan, said he doesn’t believe that all lawmakers should take a drug test.
“It does not make sense,” he added. “You mean if one is caught stealing, everybody else should step forward just to say they are not thieves?”
