Yana, Atalig re-arrested

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Posted on Apr 25 2008
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Police re-arrested yesterday afternoon lawyers Reynaldo O. Yana and Antonio M. Atalig after the two were “wrongfully released” by the Department of Corrections Thursday morning.

Police picked up Yana and Atalig at their respective homes on Saipan after Superior Court associate judge Kenneth Govendo issued yesterday a bench warrant for their arrest.

Govendo issued the warrant after learning that, after he remanded Yana and Atalig into custody Thursday morning, DOC immediately released them.

Govendo directed DPS Commissioner Claudio K. Norita to arrest the two lawyers and bring them to DOC. He imposed a $1,288,500 bail each for the lawyers’ release.

Yana and Atalig were brought before Superior Court associate judge David Wiseman for a bail hearing yesterday at 3pm.

Wiseman explained to the two that Govendo issued the bench warrant after DOC “wrongfully released them” on the day Govendo remanded them back to jail.

Yana explained that DOC released them because Govendo’s previous order directed them to spend 30 days in jail.

Yana said by April 24 (Thursday) at 10:30am they were already in detention for 30 days.

Yana said that DOC should not be blamed because Govendo’s order as received by DOC set a 30-day sentence.

But Wiseman read the written order issued by Govendo shortly after Thursday’s hearing that remanded them into custody.

“You were wrongfully released by DOC,” Wiseman told Yana and Atalig.

Wiseman emphasized that Govendo’s order set no fixed jail term and remanded the two lawyers to DOC.

Atalig said he wants to put on record that their release was not either DOC’s or their fault.

The judge responded: “I’m not saying it’s your fault at all.”

Asked by Saipan Tribune for comment, Atalig lambasted Govendo for issuing an order directing them to spend 30 days in jail and later changing his decision without informing DOC.

Yana refused to comment.

During Thursday’s review hearing, Govendo threw back Yana and Atalig to jail for their continued failure to return $1.3 million in attorneys’ fees that they received in the controversial Angel Malite estate probate.

On March 28, Govendo issued the contempt order against the two lawyers and ordered them to be imprisoned until they disgorged the $1.3 million.

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