Ayuyu Alleged to be Ice User: Judge Detains Him

December 19, 2012

Senator Juan Ayuyu will not be released pending his February 19, 2012 trial. Judge Ramon Manglona determined that "there is a serious risk that the defendant will endanger the safety of another person in the community."

The order states:
This Statement of Reasons for Detention supports the Detention Order Pending Trial which the court is issuing separately. 
The Government moved for the pretrial detention of Defendant Ayuyu under 18 U.S.C § 3142(f)(2)(B) on the grounds that there is a serious risk the Defendant will obstruct or attempt to obstruct justice and/or threaten or attempt to threaten witnesses and/or intimidate or attempt to intimidate witnesses. Accepting the government's proffered facts as true without any evidence from the defense to refute them, I find that the evidence submitted at the detention hearing conducted in this matter establishes by clear and convincing evidence that no condition or combination of conditions of release will reasonably assure the safety of witnesses and others in the community such that there is a serious risk that Defendant will obstruct or attempt to obstruct justice and threaten or intimidate witnesses. In making this determination, I have considered the nature and circumstances of the offenses charged in this case, the weight of the evidence against him, his history and characteristics, and the nature and seriousness of the danger to witnesses and the community. 
Defendant Ayuyu is charged in a seven-count Indictment with, among others charges, obstructing justice, tampering with a witness, suborning perjury, and attempting to destroy evidence. The alleged conduct included a veiled threat to use his position as a senator to interfere with a local law enforcement officer's employment prospects. Even though the facts surrounding the charges occurred in 2010, the nature and seriousness of these charges taken together with the more recent events convince me that the government has met its burden of proof. Defendant was arrested while on pretrial release in a related case, 12-CR-00036. In that case, he recently violated a condition of pretrial release by contacting a person he was ordered to stay away from -the same person whom he allegedly encouraged to lie to the grand jury in 2010. Less than two weeks ago, in connection with an unrelated civil case, he made threatening statements to a party's counsel. In a pretrial services interview for this case, Defendant Ayuyu denied ever having used illegal drugs, including methamphetamine, but when given the opportunity to provide a urine sample for drug testing, he declined. The government proffered information indicating that Defendant Ayuyu is in fact using methamphetamine, with the most recent use occurring almost a week prior to his arrest in this matter. Accepting the government's proffered facts as true, these facts and circumstances persuade me by clear and convincing evidence that no combination of release conditions will reasonably assure that Defendant Ayuyu will strictly obey the court's stay-away orders and refrain from interfering with potential witnesses.

4 comments:

Anonymous said...

The three Rota senators, Ayuyu, Hocog, and Taimanao are all crooks. But if batman is sent to prison, Paul Manglona will be the new Senator from Rota!

Anonymous said...

Close, but no cigar. Wrong election. The 2009 First Senatorial District election results are located about 20% down the page, immediately following the various mayoral election results.

http://www.votecnmi.gov.mp/electionresults.php

Votes . . . Candidate

578 . . . . Taimanao, Jovita Maratita
544 . . . . Ayuyu, Juan Manglona
489 . . . . Quitugua, Joey Anthony
436 . . . . Hocog, Paterno Songao
215 . . . . Mundo, Norbert Hocog
143 . . . . Pendergrass, Calista Taimanao

Id. (emphasis added). “If less than one-half of the term remains, the governor shall fill the vacancy by appointing the unsuccessful candidate for the office in the last election who received the largest number of votes and is willing to serve or, if no candidate is available, a person qualified for the office from the district represented.” N.M.I. Const. art. II, § 9.

So the position would go to Joey Quitugua if he is willing to serve, or else to the next of the other three former candidates above who is.

One may recall that this is how Janet Ulloa Maratita got her seat after Diego Tenorio Benavente resigned as a CNMI Congressman.

Anonymous said...

9:14, recently this same thing was in the Mvariety, BUT they stated that Quitugua had moved to the US mainland and would not be available.
Shortly after that Joey wrote a letter to the editor that appeared in the Tribune stating that he would be willing "to serve the people" if called upon and return to the Islands.
He chastised MV for not inquiring to get his plan.

NOW the question is, is he a Fitialite?
Which way would he be likely to vote in case of an impeachment trial and the case was proven against Fitial?

Anonymous said...

You are right that Joey Anthony Quitugua still seems interested in serving.

http://www.saipantribune.com/newsstory.aspx?newsID=124152&cat=15
.

But what does the CNMI Constitution have to say?

“A senator shall be qualified to vote in the Commonwealth, at least twenty-five years of age, and a resident and domiciliary of the Commonwealth for at least five years immediately preceding the date on which the senator takes office.”

N.M.I. Const. art. II, § 2(c), available at http://www.cnmilaw.org/constitution_article8.htm.

It would appear that under the CNMI Constitution, Joey Anthony Quitugua is no longer qualified. Unlike the situation of the Attorney General, who apparently has been deemed a “non-resident” of Guam while working at the Guam OAG, at least one of the unsuccessful candidates above likely would have the motivation to seek judicial resolution of this issue were Mr. Quitugua to be appointed.

What's the story on Paterno Songao Hocog?

Felis Pasgua yan Año Nuebo!