U.S. District Court for the NMI Chief Judge Alex Munson granted the federal government’s motion for an evidentiary hearing regarding the unauthorized release of Qingmei Cheng, who is currently being held without bail, from the custody of the U.S. Marshal Service and incarcerated at the Department of Corrections.
Cheng was one of the two ringleaders behind the failed attempt of 24 Chinese nationals to illegally enter Guam, the U.S. Attorney’s Office said.
In his two-page motion, Assistant U.S. Attorney Eric O’Malley, who is prosecuting the case, said Cheng performed a massage treatment on Fitial in early in the morning of Jan. 8.
“The [U.S.] government submits that an evidentiary hearing is needed to ascertain the facts and circumstance of these events, and to determine whether any prejudice was caused thereby,” O’Malley told the court.
He said prior to her arrest, Cheng was Fitial’s regular massage therapist.
Early in the morning last Friday, the U.S. government stated, Fitial instructed Department of Corrections Commissioner Dolores M. Aldan “to deliver [Cheng] to his private residence for the purpose of providing him treatment.”
Prior to the delivery, Aldan “was not successful” when she contacted Attorney General Edward Buckingham, and the U.S. Marshals Service.
But, O’Malley added, “no attempt was made to contact [Cheng’s] counsel or the court.”
He said “despite failure to obtain prior federal authorization, [but] having received the governor’s approval, Capt. Arnold K. Seman, Capt. Georgia Cabrera, Officer Abigail Camacho and Commissioner Aldan escorted [Cheng] to the governor’s residence…whereupon [Cheng] provided the governor’s treatment.”
O’Malley added, “[Cheng] was promptly returned to the Department of Corrections after the treatment.”
Cheng and 23 other Chinese nationals were arrested on Jan. 5, 2010 by the U.S. Immigration and Customs Enforcement agency in a sting operation targeting a group of Chinese nationals attempting to illegally travel from the CNMI to Guam via boat.
The U.S. government charged Cheng with 22 counts of attempting to bring an alien into the United States.
Cheng and the rest of the 23 defendants denied the charge.
Munson citing the defendants’ “substantial high risk,” denied bail and remanded them to the custody of the U.S. Marshals Service, which then turned over the 24 defendants to the Department of Corrections facility.
Asked for comment, Corrections referred this reporter to the AG’s office which said that the Office of the Governor would issue a statement.
The governor’s newly appointed Press Secretary Angel Demapan told this reporter that he was preparing a statement, but he did not send it to the Variety.
