Wiseman said the compensation amount will not exceed $1,600.
Fitial through his lawyer Joseph James Norita Camacho said a DNA expert is needed in order to mount a complete and proper defense.
Camacho said the prosecution has provided the first batch of FBI laboratory results of DNA test which “raise[d] serious questions” that required his client to request for a DNA expert.
On Oct. 19, 2010, Camacho said the FBI laboratory result indicated that semen was identified on the alleged victim’s panties and jeans.
“The FBI laboratory result further state that no comparison could be found between the same from the panties and jeans with the DNA sample obtained by defendant Fitial,” Camacho told the court.
Another FBI laboratory result, dated Dec. 7, 2010, involved hairs obtained from Fitial’s car that “exhibit microscopic similarities and slight differences to hairs of the alleged victim. Accordingly no conclusion could be reached,” Camacho said,
The 25-year-old Fitial has denied the charge of using his position at the Kagman Juvenile Detention and Correctional Facility to force three female wards to engage in sexual acts with him.
Fitial is charged with two counts of deprivation of rights under color of law and one count of enticement of a minor.
The federal court has rescheduled his jury trial for April 18, 2011 from Feb. 7, 2011.
Fitial has also denied the separate charges filed in Superior Court that included five counts of sexual abuse of minor in the second degree, two counts of exploitation of a minor, assault and battery, misconduct in office, failure to report child abuse or neglect, and sexual servitude of a minor.
Fitial has been in detention since June 11, 2010 after federal agents arrested him.
