Munson denies ex-cops’ motion for dismissal

The federal court has ruled that the motion by former police officers Eric John Tudela Mafnas and Charley K. Patris to have their indictments dismissed was not the proper avenue for the resolution of whatever grievances the two may have relating to their detention at the Guam Department of Corrections.

U.S. District Court Chief Judge Alex R. Munson noted that Mafnas’ and Patris’ characterization of their detention conditions as punishment was “not proved under any standard of proof.”

“Defendants were unable to supply to the court any authority whatsoever that a permissible post-conviction, pre-sentencing remedy for alleged constitutional violations is dismissal of the indictment against them,” said Munson.

“Because the court was given no authority, and could find no authority itself, the motion is denied,” he added.

Mafnas and Patris are being detained in Guam pending sentencing. The two, through their counsel, Howard Trapp and G. Anthony Long, sought dismissal of the original indictment against them as a remedy for constitutional rights violations they allegedly experienced while in detention.

Mafnas and Patris testified in court last week to substantiate their complaint that they have been getting inhumane treatment at the Guam DOC.

Mafnas stated, among other things, that a few days after he filed a declaration about his complaint and days before the court-ordered inspection took place, Guam DOC made some improvements in the facility.

Patris agreed with Mafnas.

Munson had earlier ordered the inspection of the cells at the Guam DOC after the defendants complained of receiving inhumane treatment.

Mafnas moved the court to dismiss the indictment. He asserted that his detention while waiting for his sentencing is excessive, in violation of his constitutional rights.

Patris joined in the motion. He said double jeopardy precludes such double punishment.

In August 2005, the jury found Mafnas guilty on the charges of conspiracy to commit theft, false statements and perjury; conspiracy to distribute and possess with intent to distribute a controlled substance involving five grams or more of “ice”; possession with intent to distribute a controlled substance involving five grams or more of “ice”; making false statements, and perjury.

Patris was found guilty on the charges of making false statements, perjury, and accessory after the fact. He was acquitted on the charges of conspiracy to commit theft, false statements and perjury; and theft concerning programs receiving federal funds.