Victim in assault case vs. Rep. Camacho unavailable for trial
The bench trial for Rep. Vicente Camacho (D-Saipan), whose trial was initially set for July 2023, has been moved again, this time because the victim is reportedly unavailable due to health issues.
Camacho’s trial date has been moved anew based on recent developments in his ongoing criminal case.
The development, court documents state, is that the victim—Steven Koch—is in the U.S mainland for treatment after he was diagnosed with pulmonary embolism with deep vein thrombosis.
During a pre-trial conference last March 26, Superior Court Associate Judge Kenneth Govendo ordered the prosecution to file an official motion to move the victim in the case against Camacho—Steven Koch—unavailable for trial before the trial date which was last April 8.
Last Monday, the prosecution, headed by Chief Criminal Prosecutor Chester Hinds, filed its motion asking that the court declare Koch unavailable for trial and asked that the court allow the prosecution to introduce nontestimonial hearsay statements of the victim instead.
“Sometime in 2022, Mr. Koch’s health began to fail. He has had health issues in the past. Mr. Koch went to the states to confirm if these issues were returning. While in the states Mr. Koch was diagnosed with a pulmonary embolism with deep vein thrombosis. In a letter from Mr. Koch’s Veteran’s Administration (VA) doctor, dated Jan. 26, 2024, it stated that Mr. Koch is unable ‘to sit for any extended period of time without increasing the risk of additional clots.’ Additionally, the doctor warns that the Mr. Koch shouldn’t fly until clotting issue is resolved,” the motion stated.
“Based on Mr. Koch’s serious illness, the Commonwealth asks the court to declare Mr. Koch unavailable. Under the Commonwealth Rules of Evidence, Rule 804, a court can declare a witness unavailable if the witness cannot be present or testify at the trial or hearing because of physical illness, CNMI. R. Evid 804(a)(4). If the court declares Mr. Koch unavailable, this will allow his nontestimonial hearsay statements to be entered into evidence at trial,” the motion further states.
Hinds argues that the court should declare Koch unavailable due to his physical illness.
“Different jurisdictions have ruled that if the State can show the witness has a serious physical illness that witness should be declared unavailable,” he said.
Furthermore, Hinds states that if the court finds Koch unavailable for trial, then the next question is whether Koch’s statements are testimonial or nontestimonial.
“The court should allow Mr. Koch’s nontestimonial hearsay statements to be entered into evidence at trial. After the incident, Mr. Koch was taken to the hospital and made statements about the incident to the doctor who did the examination. These statements are also allowable under the statements for purposes of medical diagnosis or treatment hearsay exception,” he said.
A hearing on the motion is set for April 25, at 9am before judge Govendo.
According to court documents, information was filed back in Nov. 10, 2021, charging Camacho and co-defendant Teipo A. Nikiti with assault and battery and disturbing the peace.
The defendants are accused of assaulting Koch during an incident that took place on Oct. 29, 2021.
Vicente Camacho
