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Judge denies motion to prevent Pelisamen from raising defense
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Posted on Apr 21 2009
The federal court has denied the U.S. government’s motion to prevent former estate administrator Luis Kaipat Pelisamen from raising a defense that he relied on the advice of a former counsel who is now a fugitive.
U.S. District Court for the NMI Chief Judge Alex R. Munson ruled that for the court to grant the motion, it—rather than the jury—would need to in effect make a determination of guilt or innocence before any evidence has been presented to the jury.
“This it cannot do. Further, it is premature to make any determination about jury instructions until all the evidence has been received. At that point both parties can argue their positions to the court,” Munson said.
Pelisamen and attorney Joseph Aldan Arriola are facing charges of wire fraud and money laundering for stealing $625,575 from the Rita Kaipat estate’s account.
The U.S. government filed a motion for an order precluding Pelisamen or any of his witnesses from raising a good faith/advice of counsel defense at any time during the trial. The prosecution also asked the court to deny any requested jury instruction for such defense.
Douglas Cushnie, lawyer for Pelisamen, opposed the motion, arguing that the government is attempting to short-circuit the trial process.
