4 years and 9 months for ex-Tinian Municipal Council chair

The Superior Court has sentenced former Tinian Municipal Council Chairman Ignacio A. Cabrera to four years and nine months imprisonment after being convicted for molesting a girl and violating the court’s orders.

Associate Judge David A. Wiseman ordered the 50-year-old Cabrera to spend a total of four years in jail for the sexual abuse of a minor case and nine months for the criminal contempt cases.

“Our society has declared a campaign against child abuse and this court supports such campaign as it is not an activity that is or can be a part of this society’s traditions. Public perception is an integral part of sentencing convicted criminals,” Wiseman said.

The judge said this is a case where the best interests of justice and society will be best served by imposing a jail term that the court believes will have a deterrent effect on the life of Cabrera upon his release, “and more important, on those potential offenders, and will serve as the retribution that society demands.”

Wiseman required the defendant to pay a total of $3,100 in fines and $200 in court assessment and probation fees.

Cabrera will be placed on supervised probation for the remaining term of his suspended sentence. He was ordered to perform 200 hours of community work service, register as a sex offender, and undergo counseling evaluation at the Community Guidance Center.

The judge also directed the defendant to pay any past or future psychological evaluation, counseling, treatment costs, incurred by the victim, if any.

Wiseman said in this case, the defendant molested the 11-year-old girl by fondling her when her mother was incarcerated.

It was the time when the girl was vulnerable and needed the defendant’s care and protection, he stressed.

“The defendant, instead of protecting the victim, chose to take advantage of the victim’s vulnerability for his sexual gratification thereby subjecting the victim to shame, ridicule, stress, and distrust of male adults,” Wiseman noted.

To protect the victim, the judge said, the court, as condition of the defendant’s bail release, ordered Cabrera not to have any contact with the victim and her sister.

However, he said, Cabrera violated the court orders on at least three occasions by making numerous contacts with the victim and her sister in an attempt to return them to his residence.

“Such behavior not only demonstrated the defendant’s repeated defiance to court orders but also posed a threat to the victim’s safety and welfare,” Wiseman said.

The Office of Adult Probation recommended a 10-year sentence, all suspended except for three years and four months of incarceration.

Wiseman noted that Cabrera has refused to accept responsibility for his crimes.

“It is said that offenders who refuse to recognize their guilt or take responsibility for the harmful consequences of their actions are not good rehabilitative candidates,” said Wiseman, adding that Cabrera is no stranger to the criminal justice system, having been convicted in 1997 on a misdemeanor charge.

Court records show that in July 2005, the jury found Cabrera guilty of two counts of sexual abuse of a minor in the second degree, three counts of disturbing the peace, one count of attempted sexual abuse of a minor in the second degree, two counts of sexual assault in the second degree, and one count of attempted sexual assault in the second degree.

The jurors, however, found Cabrera not guilty to one count each of sexual abuse of a minor in the second degree, sexual abuse in the second degree, and disturbing the peace.

Wiseman dismissed the four counts of assault and battery. He also granted Cabrera’s motion to dismiss one count of sexual abuse of a minor in the second degree, one count of sexual assault in the second degree, and one count of assault and battery.

During a separate bench trial in connection with Cabrera’s two previous criminal cases, Wiseman found the defendant guilty of criminal contempt.

The defendant pleaded guilty to the other count of criminal contempt. The second case was dismissed.

On Nov. 10, 2005, the court found Cabrera guilty of criminal contempt in the other case.