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Unprepared prosecution upends theft case
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Posted on Nov 18 2004
A Superior Court judge dismissed a theft case due to the failure of prosecution lawyers to prepare for a scheduled trial on Tinian.
Associate Judge David Wiseman ordered that the theft of service charge against Li Guang Hui be dismissed with finality and the return of any bail posted by the defendant.
“The defendant was ready for his trial, which would have occurred, but for the government’s not being prepared to go forward,” Wiseman said. “A defendant charged with a criminal case should not have to be in an indefinite period of uncertainty as to whether or not he or she will be recharged some day.”
In a recent ruling, Wiseman granted the prosecution’s request to dismiss the case. Instead of dismissing the case without prejudice to its possible re-filing, the judge ruled that he has the discretion to decide whether dismissal should be without prejudice or final.
During a scheduled trial on Oct. 8, Wiseman said the attorney for the government, Grant D. Sanders, told the court that the prosecution was not ready for the trial because it did not have its witnesses during that time.
“The defendant was ready and, at the public’s expense, had two interpreters travel from Saipan,” the judge said.
