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Saipan, MP 9 6 95 0 , | Ÿ L 990 Marianos Variety May 25,1990 Serving-CNMI For' 19 Years .:' Supreme Court Reaffirms Authority

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Saipan, MP 9 6 95 0 , | Ÿ L 990 Marianos Variety May 25,1990 Serving-CNMI For' 19 Years .:' Supreme Court Reaffirms Authority ¿ M arianasfV a n e ty& i Vol. 19 No. 20 Saipan, MP 9 6 95 0 , | ÿ l 990 Marianos Variety May 25,1990 Serving-CNMI for' 19 Years .:' Supreme Court reaffirms authority By Dave Hughes risdiction over certain appeals jurisdiction over all appeals nated the jurisdiction of the Ninth The California-based U.S. Justices of the Common­ cases: the CNMI justices are in matters filed - or in other courts Circuit over Commonwealth appeals panel said that on May 2 wealth’s Supreme Court have charge and have been since May - as of the effective date they cases pending on appeal .. and the Supreme Court had no jus­ restated their previous determi­ 2 of last year. became an entity,May 2,1989. we therefore assumed jurisdic­ tices, offices, or other mecha­ nation to be considered the top Members of the Common­ In a three-page decision tion over such pending deci­ nisms to conduct court, and that appeals court and regarding the wealth of the Northern Mariana signed by Chief Justice Jose S. sions.” until the Ninth was satisfied that Ninth District Court of Appeals Islands Supreme Court said in a Dela Cruz, the justices said that The Ninth ruled in Wabol that the CNMI’s Supreme Court was decision which limited their ju­ May 17 decision that they have “The Ninth Circuit decision in although the Judicial Re­ a “real” court, they would retain Wabaol, supra, with respect to organization Act passed by the jurisdiction. Dela Cruz’ order said that all parties who jurisdiction over appeals pend­ Commonwealth Legislature and The Wabol case has since been have had appeals heard before the Ninth ing in that court on May 2, signed by then-govemor Pedro used as so-called precedent by Circuit or who have filed with that body to 1989,is directly at odds with P. Tenorio, was a proper law on all subsequent appeals from the our jurisdictional ruling in its face, the U.S. appeals justices CNMI’s Superior Court so that submit briefs to the CNMI Supreme Court Wabol v Villacrusis . where said since the CNMI high court “ any challenged decision of that within 14days .. on the m erits which they we determined that the Com­ . .existed only on paper . “ court went to a three-judge fed­ have previously filed with the Ninth C ircuit." monwealth Judicial Reor­ there was no way to hear appeals eral appeals panel, and then to ganization Act properly termi­ at the time. SeeiSUPREME COURT, Page 34 Hefner keeps Sew er plant Mendiola jailed o n l i n e i n five m onths Two attem pts to free him fail this w eek It’s official - the first step:; For the second time in a week attempts to extricate Mariano F. in stopping the flow o f sew­ Mendiola from the Commonwealth prison system have failed when age intoSaipan’s lagoon was Presiding Superior Court Judge Robert A. Hefner declined to allow taken May 18 when the the convicted murderer free on bail. Commonwealth Utilities He said "... the court has taken into account the nature and Cbnunisskmsigpedan agree-; circumstances of the offense, the weight of evidence against the ment to buy a “turnkey” accused, the financial ability and character of the accused and deter­ sewer treatment plant to re­ mine the defendant shall be held without bail." place the dead Sadog Thsi Lecia Eason, law partner with with Mendiola’s former attorney facility. David Wiseman, filed what is called a writ of habeas corpus in CUC executive director; Hefner’s court. “Habeas corpus” is a Latin term meaning “produce the Ray Guerrero said that the (physical) body” of a person in jail or missing. utility decided to notonly go That motion was denied. with the low-bidder E.R. The second auempt to have Mendiola freed was Thursday after­ Paul, Inc.,aCalifomia-based noon when an awaited mandate from the federal appeals panel which company with a local office originally ordered a new trial for Mendiola handed down the long- in the Horaguchi Building : awaited “mandate” which ordered a bail hearing and a competency because of price. Guerrero hearing for Mendiola. said the $2.04 million, two 10-DEEP WAITINGTO SEE INS - Overflowing crowds of persons wishing to see United Hefner also followed the appeals court order and set a mental million gallon-perday capac- : States immigratim and Naturalization officials literally had to push and shove each examination and competency hearing for Mendiola. other just to move around during the first day of the INS visit at the Horaguchi Building ity plant price tag was “sig­ That hearing will be held June 6. in Garapan. Today is the last day and an even bigger crowd is expected by the nificantly lower than theotber Mendiola is presently serving a prison term after being convicted of immigration officials. The announced purpoose of their visit is to assist in the issuance two bidders, but the Paul bid the 1987 murders of Galen Mack and Remcdios Connlcy at Obyan of CNMI "ID cards' which allow CNMI citizens entrance to Guam without a passport. included lots of “extras” that Beach. However, the INS officials also attempted to help others with papers and problems on really were not asked for. a first-come, first served basis. See:MENDI0LA, Page 35 He said the company told him that they wanted to be able to come in, install the; plant, and train local people CNMI, DPS, Kaipat, et al to run the facility and they arc willing to guarantee the In papers filed be­ high-tech package plant will million suit fore the federal do the job. He said the Paul bid in­ By Dave Hughes ers who allegedly went into Begonia’s cell and bet court the plaintiff cluded anemergency standby A S17 million federal civil lawsuit has been him up, Mariano Camacho and William C. Sablan. j generator to make sure the filed against the government of the CNMI, its The federal suit asks $10 million from each alleges that the plant wouldcontinuetoproc- director of public safety^ former police jail guard person and the government in punitive damages, as ess sewage, even if island and two men who allegedly were rcspons ible for defendant's con­ well as $7 million in direct damages, loss of power failed for some rea­ the beating of an inmate being detained in a wages,and other costs, including attorney fees. duct " . mani­ son. holding cell. While Camacho is only being sued in his “offi­ Guerrero said he felt that Documents filed Tuesday in the Federal Dis­ cial” capacity, Kaipat, Sablan and Camacho are fested reckless or although the plant was com­ trict Court for the Northern Mariana Islands show being sued individually. callous indiffer­ plex; the Paul company’s in­ that the alleged April 22 beating of Leonardo E. Kaipat, as a member of the police department, stallations have been highly- Begonia was the catalyst for civil action against was allegedly acting as agent of the Department o f ence" to the rights rated elsewhere and their “no the Commonwealth, GregorioCamacho, director Public Safety when he is on duty, and he is also of Begonia. stink" warranty was one sell­ of public safely; Robert N. Kaipat, former police being sued in his “official” capacity. ing point officer in charge o f the jail that night and who In papers filed before the federal court the plain- j In effect, the plant will allegedly let in other prisoners to beat Begonia. tiff alleges that ihe defendant’s conduct “ . mani­ SeeSEWER PLANT, Page 31 Also included in the lawsuit are the two prison­ fested reckless or callous indifference “ to the rights See LAWSUIT, Page 34 FRIDAY - MAY 25,1990 - MARIANAS VARIETY NEWS AND VIEWS - 3 2 - MARIANAS VARIETY NEWS AND VIEWS - FRIDAY - MAY 25,1990 A Meeting Place For Our Budget approval possibly today By Dave Hughes Nations in New York, Vice- sonnel... “ and other monies for But, yesterday San Nicolas said they felt the chances of a Opinions And Yours With the blessings of long­ Speaker Luis Benavente called the CUC. issued a written order for all session today were “fair to slim,” distance “bosses” House Speaker for a meeting of the minds in the Missing from that notice was senators to make themselves but if all the problems weren’t Pedro Guerrero and Senate Presi­ House and Senate to mediate the any mention of monies for pet available”at any time within the cleared up Friday, then “for sure” dent Joseph Inos members of a problem. projects of legislators. next 24 hours for a session.” a session would be held Satur­ joint conference committee at­ Contacted in New York San Nicolas was quoted by He later issued another order day. E d i t o r i a l tempting to iron out problems Wednesday Guerrero said he another Saipan news agency as asking senators to extend their Monday is a Commonwealth with the supplemental ap­ wasn’t upset at Benavente’s ac­ saying thatif the jointcommittee availability beyond the initial 24- and federal holiday, Memorial propriations bill may finish their tions, but said, “I encourage “touches one cent of the Tinian hour notice. Day and also is beyond the “this ÍÍ work today. anything that can get this thing money I won’t call the Senate Several members of the House week” mandate imposed by Gov. Task Farce” has If that happens, then the House moving.It’s a good idea.” into session... “ who asked not to be identified Guerrero. could meet and decide if they Tuesday, Inos echoed his like the “new” version of HB-7- House counterpart’s enthusiasm 140.
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