Defendant appears in court after 5 yrs

The Superior Court ordered the forfeiture Thursday of a cash bail that had been posted by a defendant who failed to appear at a hearing in 2003 and returned to court after five years.

Associate Judge Ramona V. Manglona said Jun Li Wei’s five-year absence from the CNMI does not indicate any likelihood that the defendant will appear in this case and seek relief from the court.

Accordingly, Manglona said, a separate default judgment of bail forfeiture will be issued on the $150 cash bail Wei posted in 2002 for failing to appear in court in March and April 2003.

According to court records, on Sept. 8, 2002, Wei allegedly committed the crimes of assault and battery and disturbing the peace. The next day, Wei appeared in court for a bail hearing. The bail was set at 10 percent of the sum of $1,500, or $150 cash with certain terms and conditions of release.

One of the terms is for Wei to return to court whenever required to do so. He posted the $150 cash bail and was released.

The following month, Wei requested that his passport be released and that he be allowed to return to China to take care of his ailing father.

The court required the defendant to post an additional $2,000 cash and submit additional documentation, including a signed waiver of extradition.

The court then entered an order allowing the release of Wei’s passport upon the submission of certain items, including documentation of a roundtrip ticket.

At the Feb. 13, 2003, hearing, Wei personally appeared with counsel, having returned from China. The status conference was continued to March 31, 2003.

The parties stipulated to authorize the release of the $2,000 additional cash bond with the representation that Wei had returned his passport to the clerk of court.

On March 5, 2003, the court ordered the $2,000 cash bond returned to Wei

At the March 31, 2003 hearing, Wei appeared through counsel but failed to appear personally so the matter was continued to April 7, 2003.

At the April 7, 2003 hearing, Wei again failed to appear personally. A bench warrant was issued for his arrest with bail set at $2,000 cash.

Five years later, the originally assigned judge, Juan T. Lizama, retired. The case was assigned to Judge Manglona.

Manglona set the matter for a status conference and ordered all parties to appear on June 25, 2008.

At the June 25, 2008 hearing, Wei again appeared only through counsel. Manglona announced that she would declare a forfeiture of the $150 bail posted in 2002 for the defendant’s failure to appear in court.

Wei’s counsel, the Public Defender’s Office, objected. The Attorney General’s Office failed to file any written statement.

Manglona issued an order to show cause and set the matter for a hearing on Oct. 7, 2008.

One of the issues raised by Wei is that the court cannot declare a forfeiture because there has been no motion made by any party.

In her written order, Manglona pointed to a provision in the Commonwealth Rules of Criminal Procedures that mandates the declaration of forfeiture without the prerequisite of a motion.

Manglona said in this case the government did orally move the court at the Oct. 7, 2008, hearing to enter the judgment of default.

The judge said that, without an objection by the defense, she granted the government’s motion.