Superior Court Associate Judge Perry B. Inos has dismissed the charges against Mohammad Jahangir Miah who was arrested last week for allegedly receiving stolen items from William S. Reyes Elementary School.
Inos junked all the charges against the 37-year-old Miah after finding no probable cause to warrant the filing of the case during Thursday's preliminary hearing.
In a written order issued yesterday, Inos said he heard the testimony presented by the government's witnesses and that he received no testimony or evidence that Miah purposely received, retained, or disposed of a Canon digital video camcorder that belonged to the Public School System.
“In fact, there was no evidence that defendant came in contact with or had any control over the stolen property,” said the judge.
Inos determined that he finds no probable cause against Miah in count 1 of the information charging the defendant with receiving stolen property.
Inos said the viability of the other charges-four counts of criminal contempt-depend on a finding of probable cause in count 1.
Therefore, the judge said, he finds no probable cause against Miah in counts 2 to 5 criminal contempt charges.
At the preliminary hearing, attorney Colin Thompson served as counsel for Miah. Assistant attorney general James McAllister represented the government.
Chief prosecutor Peter B. Prestley filed the information against Miah on Wednesday.
According to Prestley in the information, on Oct. 3, 2012, Miah received a Canon digital video camcorder belonging to PSS knowing that it had been stolen.
Prestley said that Miah committed criminal contempt on that day because he failed to comply with the court's bail orders on his pending four criminal cases.
Police arrested Miah last Oct. 10.
During a bail hearing last Oct. 13, Michael Ernest, who temporarily served as counsel for Miah, said the police have already arrested the defendant on the same charges.
Ernest said that Miah had already posted a $1,000 bail, yet they arrested him again without any document just to set a $10,000 cash bail.
Police detective Alexander T. Sakisat stated in his report that detectives searched the home of Sarijul Islam in Chalan Piao on Sept. 25, 2012, after a witness gave information that Islam was storing stolen items in the house.
Sakisat said that Islam told police that some of the items, including the Canon digital video camcorder that were found in his house, belong to Miah.
Miah pleaded not guilty.
Miah is awaiting sentencing in federal court for conspiracy to unlawfully produce driver's licenses.
In July 2012, the federal court acquitted Miah for lack of corroborating evidence in a case of conspiracy to forge stale CNMI tax refund checks.