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Man’s request for an interpreter is denied
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Posted on Oct 19 2004
A judge denied the request for a court-appointed interpreter by a Pohnpeian man facing attempted murder charges, after finding out that the defendant could respond to questions in English during a hearing on his request.
Superior Court Associate Judge David Wiseman said defendant Peter M. Peter’s ability to understand the proceedings and communicate with his lawyer is unimpaired; hence, Peter is not entitled to a court-appointed interpreter.
Wiseman said that the right to a court-appointed interpreter is not absolute, unlike the right to counsel.
“The trial court judge, who is able to directly question and observe the defendant, is in the best position to decide on the need for an interpreter, and as such is afforded the sound discretion of making such a determination,” Wiseman said.
“During the October 6, 2004 hearing, after asking [Peter] a number of questions in English that required more than yes and no questions, the court decided against the defendant having a court-appointed interpreter,” he added.
The judge said that even the Fifth Amendment’s due process clause or the Sixth Amendment’s guarantee of a right to a fair trial do not give the defendant the “independent, constitutional right to a court-appointed and government-paid interpreter.”
Peter is facing multiple criminal charges for allegedly seriously injuring another who had accused him of having an illicit affair with the latter’s wife.
The Attorney General’s Office lodged six criminal charges against Peter, which include attempted first-degree murder, attempted second-degree murder, assault with a dangerous weapon, aggravated assault and battery, assault and battery, and disturbing the peace.
CNMI chief prosecutor David Hutton accused Peter of stabbing Alfanso Kihleng with a knife last Sept. 22. Hutton said the stabbing was deliberate and premeditated.
