Mohammad Jahangir Miah called and told a witness to inform federal authorities that the marijuana seized from the defendant’s room was not his, said Assistant U.S. Attorney Kirk Schuler in his motion for detention filed in federal court.
According to Schuler, Miah also told the witness to say that the seized marijuana on May 24 belonged to the boyfriend of his former wife, also a co-defendant in this case.
Miah likewise told the witness not to inform authorities that he picked up a woman in Koblerville to take her to his place on the night of the incident, the prosecutor said.
He added that Miah told the witness to meet him in person, but the witness declined.
Schuler said possession of marijuana alone is not a serious criminal offense, nor violating the pretrial release conditions that required Miah to stay in home detention.
“But [Miah’s] violations must be considered in the context of the nature and history of this defendant,” Schuler added.
Miah’s “current violations demonstrate a blatant disregard and disrespect for the court’s pretrial release orders. [The] defendant’s conduct is a clear violation of narcotics law and [his] pretrial release conditions.”
Schuler said there is probable cause that Miah violated the terms of his pretrial release conditions earlier imposed by the federal court.
Moreover, Miah’s “attempt to influence a witness’s testimony regarding the May [24] incident is also a clear violation of local and federal law, as well as a violation of his pretrial release conditions,” the prosecutor added.
Schuler said local and federal laws prohibit tampering of witnesses. “In fact, it is a felony under federal law.”
Miah “has consistently violated his terms of pretrial release by committing other crimes. [The] defendant was on an extremely short leash prior to this hearing and he knew it. He had been ordered detained by two federal judges…[until] a third federal judge granted him relief. Nevertheless, he has broken local and federal laws and his continued release will only result in continued criminal activity that is a danger to the community and a violation of his pretrial release conditions,” Schuler said.
Last week, visiting Circuit Judge A. Wallace Tashima said Miah’s violation hearing will resume on July 21.
The court ordered Miah not to have any contact with three witnesses in the local case, and rescheduled the jury trial for Sept. 12.
Miah co-defendants, his wife Tahira Dolores Miah, former Department of Public Safety’s Bureau of Motor Vehicles examiner William A. Hocog, Hongmei Sun and Hui Qiang Yan, also known as Hui Chang, each admitted the offense of conspiracy to unlawfully produce and transfer an identification document — a CNMI driver’s license. They will be sentenced in September.
Mr. Miah, who is being defended by Joseph Horey, has denied the charges.
