THE Public Defender’s Office has asked the trial court to dismiss the criminal case against Queena Ogumoro Fitial for violating her right to a speedy trial and due process.
Fital was arrested on Oct. 31, 2020 and charged with burglary, assault with a dangerous weapon, assault, and disturbing the peace.
Fitial, through the Public Defender’s Office, filed her first written request for bail modification on Nov. 6, 2020, which was denied on Nov. 10, 2020. Her second motion for bail modification was filed on Nov. 25, 2020 and denied on Dec. 4.
On Dec. 28, 2020, Fitial filed her demand for a speedy trial.
On Jan. 28, 2021, the Office of the Attorney General made an oral motion for competency evaluation.
On Feb. 9, 2021 Superior Court Associate Judge Joseph N. Camacho stayed the criminal proceedings and ordered a psychiatric examination to determine the competency of Fitial within 60 days.
Assistant Public Defender Karie Comstock said, “As of this date, no such psychiatric examination has occurred. No such psychiatric examination is even scheduled at this point.”
She said the CNMI courts have previously analyzed claims of violation of the right to a speedy trial by applying the four-factor balancing test: 1) whether the delay before trial was uncommonly long, 2) whether the government or the criminal defendant is more to blame for that delay, 3) whether the defendant asserted her right to a speedy trial, and 4) whether the defendant suffered prejudice as the delay’s result.
“It has been six months with no trial date. The defendant asserts that when combined with the other three factors, the delay has substantially violated her right to a speedy trial,” Comstock said.
She noted that the delay in this case is attributable to the government’s request for a competency evaluation.
The court gave the government 60 days to get this done, “but a doctor has not even been located who will agree to perform this evaluation,” Comstock said.
“The mental anguish and duress this has caused Ms. Fitial, in addition to the actual prejudice she is facing trying to fight an eviction proceeding while incarcerated and trying to litigate an estate matter, are real and continuing,” her lawyer added.
“Defendant clearly has a Fourteenth Amendment interest in her continued incarceration…and has suffered definite prejudice,” she said.
On Tuesday, Judge Camacho scheduled an evidentiary hearing regarding Fitial’s motion for June 2, 2021 at 10 a.m.
Variety learned that three criminal cases and a traffic case have also been reassigned by Presiding Judge Roberto C. Naraja. to Judge Camacho for determining competency.
