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Robbery convict seeks probation
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Posted on Jan 12 1999
A man serving time for robbery is asking the court to reconsider a five-year sentence on him, citing the “deplorable situation” at the Division of Corrections.
William C. Sablan sought a suspension of the remainder of his sentence and a probation.
Public Defender Harvey Palefsky said Sablan deserves a reconsideration because he has been imprisoned in a facility he claimed to be a safety- and health-hazard.
Besides, Palefsky said, Sablan, a father of four, is needed by his family to supplement his wife’s income.
Palefsky said even the U.S. Marshals Service does not allow its inmates to be incarcerated at the DOC even though it is more expensive in transporting them to Guam.
Deputy U.S. Marshal Rex Fullmer advised Palefsky that the change in policy was prompted by a recent Department of Justice investigation into the substandard conditions at DOC.
“If DOC facilities pose a health and safety risk to United States prisoners, does it not pose a similar risk to our local prisoners?” he asked.
A 1996 report from former DOC counselor Greg Miles cited severe overcrowding, lack of working sinks or toilets, poor ventilation and substandard electrical system, among others. These conditions still exist today, Palefsky said.
Palefsky also said Sablan “has been subjected to an arbitrary and capricious system of discipline while incarcerated at DOC.”
As recently as Dec. 23, 1998, Sablan was ordered placed in central male detention for two weeks, deprived of visitors, denied participation in a religious ceremony during Christmas, denied the ability to bathe or change into fresh clothes and denied medical treatment or pain medication after being injured by force used against him by a DOC captain, Palefsky said.
Associate Judge Timothy Bellas will hear the motion on Feb. 17 at 1:30 p.m.
