Ex-convict gets three months for harassing sister’s family members

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Posted on Jul 31 2011
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Superior Court associate judge Kenneth L. Govendo slapped a three-month jail term on an ex-convict who was arrested last May for constantly harassing his sister’s family.

Govendo accepted defendant David Robert’s guilty plea to charges of disturbing the peace and criminal contempt.

“After considering the facts of this case, the court expressed its concern of what it viewed as a light sentence in view of defendant’s criminal history,” the judge said in the order issued last week.

However, Govendo said based on the presentation of mitigating circumstances and the recommendations of counsel, the court reluctantly accepts the terms and conditions of the plea agreement.

Govendo sentenced the 25-year-old Roberto to six months in prison, all suspended except three months without parole.

The defendant was given credit for the two months and 15 days he already served in jail. He is expected to be released from the Department of Corrections on Friday, Aug. 5.

Roberto will be placed on supervised probation for one year consecutive to any other probationary period he is serving.

Govendo ordered the defendant to pay a $175 fine, plus a $25 court assessment fee and probation fee.

Roberto was required to perform 50 hours of community work service, complete anger management counseling, and observe a no direct or indirect contact with the victims or any of their family members during the probationary period.

Assistant attorney general Tiberius Mocanu appeared for the government. Assistant public defender Matthew Meyers served as counsel for Roberto.

The Office of the Attorney General charged Roberto with two counts of disturbing the peace, and one count of criminal contempt.

In exchange for pleading guilty to one count of disturbing the peace and one count of criminal contempt, the OAG agreed to dismiss the remaining charge.

The agreement stated that on April 19, 2011 on Saipan, Roberto disturbed the peace of the victim.

On April 19 and May 5, 2011, the defendant willfully disobeyed a Superior Court’s order of protection for his sister.

Detective Sean White stated in his report that, on Sept. 1, 2010, Govendo issued an order of protection for Roberto’s sister.

In November 2010, White said he arrested Roberto for violating the court order and disturbing the peace by allegedly threatening to kill his sister’s family members.

On April 19, 2010, the daughter-in-law of Roberto’s sister filed a disturbing the peace complaint at the Department of Public Safety against the defendant.

The victim, who is pregnant, said she is scared as Roberto has been harassing her and that she knows Roberto is involved with drugs.

In November 2010, the court sentenced Roberto to six months in prison, all suspended except for 14 days for possession of a controlled substance.

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