Judge: More lenient sentence not acceptable

A Superior Court judge said that a more lenient sentence against a former Commonwealth Utilities Corp. staff who was involved in a disconnection scam is “not acceptable.”

Associate Judge Ramona Villagomez Manglona said yesterday that she is not inclined to impose a more lenient sentence against Joaquin Elameto Norita given the impact the crime has had on CUC, a vital agency serving the entire community.

“Other individuals unfairly suffered when their power services were properly disconnected because they failed to pay their dues as required, yet the defendant allowed a select few to receive continued power services despite their continued failure to pay their dues as well,” said the judge in rejecting Norita’s plea for a more lenient sentence due to his family’s needs.

Manglona sentenced the defendant to five years in prison, all suspended except for six months with no possibility of parole.

The 47-year-old Norita, who was convicted of violating the Commonwealth Utilities Code, was directed to start serving his six-month prison term at the Department of Corrections on March 1, 2009 at 8am.

After completing the term, the defendant will be placed on five years of supervised probation. He was ordered to pay a $250 fine, a $100 court assessment fee, and $100 in annual probation service fee.

Norita was also ordered to pay the maximum of $2,216.57 in total restitution to CUC. Manglona said the actual amount shall be determined at a restitution hearing, which is set for March 18, 2009.

She said the defendant shall assist and cooperate in the preparation for and prosecution of his co-defendants in the case.

The judge permanently barred Norita from re-employment with CUC and required him to write a letter of apology to CUC and CNMI citizens and have it published in local newspapers.

On May 24, 2007, authorities arrested Norita and four other former CUC employees who, in exchange for cash, allegedly conspired to reconnect individuals who have been disconnected or not disconnect delinquent accounts. The scheme reportedly resulted in a loss of over $300,000 for the utility agency.

Norita was then a disconnection crew. He and former colleagues Ricardo C. Sablan and Francisco F. Faisao, then credit and collection supervisor Elaine Q. Terlaje, and former customer service representative Rita I. Tarope were accused of conspiracy to commit theft and misconduct in public office.

Norita and court-appointed counsel Vincent Seman signed a plea agreement with the government represented by Special Assistant Attorneys General Joseph Przyuski and William Downer.

Last Monday Norita pleaded guilty to the offense of violating the Commonwealth Code, which is the sole charge remaining against him in the third amended charging document.

In a written order issued Wednesday, Manglona explained that whenever the prosecution and a criminal defendant reach a negotiated plea agreement, the court is not automatically bound to accept the terms without any consideration.

The court, Manglona said, has the discretion to reject the plea agreement, thereby forcing the parties to re-negotiate the agreement, or go forward with a trial, or face a less favorable disposition than that contemplated in the deal.

“However, the court also has to give deference to the prosecution’s understanding of the nature of the evidence against a defendant and their ability to meet their burden of proof in proving the charge beyond a reasonable doubt,” she said.

In Norita’s case, Manglona noted that the prosecution has agreed that the specific sentence of five years imprisonment, all suspended except for six months without parole, is the appropriate sentence for the defendant.

At the sentencing hearing, Norita acknowledged the wrongfulness of his actions and accepted responsibility. The defendant said he wanted to bring this case to a closure so that he could go on with his life.

Manglona said despite the plea agreement and the oral confirmation with the court of his understanding of what sentence he would receive under the plea bargain, Norita still asked the court for a more lenient sentence due to his family’s needs.

Manglona said she explained to the defendant that when the court accepts the plea agreement, it will impose the terms provided for in the agreement.

“The court is mindful of the need to impose a sentence that would serve to deter defendant and any others who would be so inclined to commit this same offense,” the judge said.

Only Terlaje is scheduled for trial in this case. The trial is set for March 9, 2009.

Sablan already pleaded guilty to misconduct in public office. Tarope pleaded guilty to violating the CUC Code. Faisao was found guilty after a bench trial for violating the CUC Code.