Manahane case now just a misdemeanor

The case against a police officer who allegedly pulled out his gun on a person of interest in a domestic violence case has now been diminished to a misdemeanor case.

Troy Anthony Taman Manahane, a suspended DPS police officer, appeared before the NMI Superior Court last Wednesday for his preliminary hearing before Associate Judge Joseph N. Camacho. Manahane, along with his third-party custodian, was accompanied by defense attorney Robert Torres. Office of the Attorney General’s Chief Prosecutor Chester Hinds represented the government.

The hearing lasted most of the day and consisted of testimony from the prosecution’s witness who had filed the investigation report and arrest warrant DPS Sgt. Jeffrey I. Norita, and arguments from both parties.

During his line of questioning and arguments, Torres prodded Norita to share additional information, which he learned was not documented in Norita’s initial filing or reported to the judge who signed the arrest warrant, details including the testimony of police officer Keanu Hosno in the first two interviews with him, which he denied ever seeing Manahane with the gun pointed at the victim, and only heard the duty belt unbuckling, to Norita’s relationship ties to the alleged victim.

He also questioned why Hosno, who was also initially and equally accused by the alleged victim, was back to duty with no consequence for not being truthful in his testimony, at least with lying to a superior officer or obstruction of justice charge.

Under oath, Norita admitted that he had been the one to clear Hosno after Hosno allegedly confessed. Torres pointed out that it was not Norita’s place to withheld details in his reporting, and to completely clear an officer on his own. Torres told Camacho that the testimony of Hosno and Norita cannot be considered as viable or credible to the court after they have not been completely truthful in their testimony and reporting.

Hinds argued that the credibility of the testimony was not something to be decided in the preliminary hearing but at the trial.

In conclusion, Camacho ruled probable cause for the charges of disturbing the peace and cleared the more serious charge of assault with a dangerous weapon and element of threat.

Up to that point, Manahane had been under house arrest in the custody of a third-party custodian. In light of the case becoming a misdemeanor case and upon request of the legal counsel and no protest from the prosecution, the court also modified the conditions of release to remove the house arrest and the presence of the third-party custodian at all times and modify that to a curfew of from 7pm to 7am daily.

Saipan Tribune was able to speak to Torres after the hearing and he said, “… the court examined the evidence whether its believable and made a determination consistent with the Supreme Court’s decision, and found that there was probable cause to count the misdemeanor disturbing the peace for unholstering his weapon unlawfully. But there was no finding as to the felony the more serious assault with a dangerous weapon, the court made that determination there was no probable cause of any threat to cause any harm, with the statement of the complaining witness asserting that my client said ‘what would you do if my partner shot you?,’ that’s not a threat, among other testimony.” He added “We are appreciative that the preliminary hearing process insures to ferret out improvident prosecutions, and the charges were sustained as to disturbing the peace, and we’ll deal with that on arraignment and moving forward.”

As to his investigation into the testimonies of the two cops, Torres shared “My client was advised of his rights and waved his rights and gave a complete and truthful statement. The other officer, the investigating and testifying officer, Norita, admitted that in three statements by the other officer—two of the three—he lied allegedly about not seeing my client with a gun and then the third statement claim that he did see my client with a gun, so those implausible and incredible statements in our view could not be reconciled. When you’re charging a person with a serious crime, statements matter, and police officer statements matter, and yet that officer who lied in this investigation, unlike my client, that person has been rewarded by being returned to duty; and that I would submit is a gross injustice and we asked the Office of Attorney General and DPS to do the right thing and protect our community. “

Saipan Tribune also asked prosecution for comments, but they declined at this time. Manahane is currently suspended from police service.