Aldan has been on temporary release since July 8, 2010 after he submitted a sworn declaration that he received the handgun he used against his former partner from a female Saipan police officer who was dating Aldan’s nephew.
“The court finds that [Aldan’s] further confinement would punish the defendant for a sub-par plea agreement, which is not the purpose of civil contempt,” Wiseman said in his written order yesterday.
Moreover, Wiseman said, when incarceration has lost its effect or when it becomes apparent that there is no reasonable possibility of compliance with the court order, the court has no choice but to release Aldan.
“Here, defendant Aldan has stated that it is impossible for him to turn over the weapon. Furthermore, the court finds that the defendant’s impossibility is a valid justification for his noncompliance with the court’s order. As such…Aldan is no longer held in civil contempt,” Wiseman said.
In his declaration, Aldan provided Wiseman with “new information” to corroborate his story of why Tinian DPS might be in possession of the handgun in question.
Aldan told the court that the handgun was given to him by his nephew who received it from a female police officer who had failed to turn over the weapon when it was recalled.
Aldan provided in open court the name of his nephew and the female police officer.
Aldan told the court that DPS had already confiscated the gun and was attempting to cover the mishandling of the weapon in order to protect its officers.
“While there are still some inconsistencies regarding [Aldan’s] story, the court finds that defendant’s further incarceration will yield no result,” Wiseman said.
