2 policemen found guilty

A federal court jury returned yesterday with a guilty verdict against police officers Eric John Tudela Mafnas and Charley K. Patris on charges of stealing evidence, including money and illegal drugs, from the Department of Public Safety.

U.S. District Court Chief Judge Alex R. Munson set the defendants’ sentencing on Nov. 22.

The judge remanded the defendants to federal custody at the request of prosecutor Timothy Moran. He declared that the defendants pose flight risks, considering the high prison terms of the charges they were convicted of.

Mafnas was found guilty on all six charges: conspiracy to commit theft, perjury and making false statements; theft concerning programs receiving federal funds; conspiracy to distribute methamphetamine or “ice”; possession with intent to distribute ice; making false statements; and perjury.

The jury found Patris guilty of making false statements, perjury, and accessory after the fact in relation to the drug charges against Mafnas, but declared him not guilty of the conspiracy and theft charges.

Munson convicted Mafnas and Patris based on the verdict. He denied the request of the defendants’ lawyers to acquit their clients of the charges and their request to allow their clients to be with their families for about two hours before being placed under federal custody. Munson clarified, though, that their families could be with them while they are in the custody of the U.S. Marshal.

The jury began their deliberations on Friday after a two-week trial.

“We respect the jury’s verdict, although we disagree,” said Mafnas’ attorney, Stephanie Flores, adding that she would review the record of the case and study the possibility of filing an appeal.

Moran said Mafnas faces a maximum prison term of more than 20 years, while Patris faces a maximum prison term of over 10 years.

Family members and supporters of the defendants inside the packed courtroom gallery sobbed after the proceedings. Patris remained with his head bowed after the reading of the verdict. Mafnas appeared more relaxed, but with his hands clasped in front of him.

None of the jurors who passed by Mafnas looked at him on their way out of the courtroom.

The indictment accused Mafnas of embezzling properties valued at over $5,000 from April 2002 through December 2003, which were in the custody of the DPS, an agency that received more than $10,000 in federal funds annually. It charged Mafnas with stealing evidence in the form of money and illegal drugs from DPS custody and peddling at least five grams of “ice” sometime in 2003. It accused Mafnas of possession of some 46 grams of ice, which were stolen from the DPS.

The indictment also charged Mafnas and Patris with a count each of false statements and perjury for allegedly lying to the Federal Bureau of Investigation and a federal jury in December 2003 when they said that then-CNMI assistant attorney general Dan Wolfe had authorized the destruction of the 46 grams of ice that Mafnas took from the evidence room. Mafnas claimed to have burned the ice, while Patris claimed that he witnessed the burning of the evidence.