Bias against women
I was checking on the Carmelita Guiao case I read about in the paper, written by her father on July 7, 2014, in the Saipan Tribune. I did a little checking and I think he is correct. Male judges in the CNMI, in every instance I could find, give lighter sentences to men than to women for the same offense. I checked one for Judge Wiseman and nine for Judge Inos, all sentencing men for violence against women, some of them for the second or third time and some still on probation for earlier sentences. Draw your own conclusions. Then read the Guiao case and the sentence that Judge Inos imposed on this woman accused of violence against a man.
Judge David Wiseman’s case:
– A man accused of beating up his wife and threatening to kill her with a machete has been sentenced to four months in prison. (http://www.saipantribune.com/index.php/man-gets-4-mos-for-beating-wife-resisting-arrest/)
Judge Perry Inos’ cases:
– “You are now a free man,” Inos told the 48-year-old Flores. (http://www.saipantribune.com/index.php/judge-acquits-security-guard/)
– A man accused of relentlessly harassing his former girlfriend and beating her up was only convicted of disturbing the peace and was slapped with a 30-day prison sentence. (http://www.saipantribune.com/index.php/domestic-violence-lands-man-in-prison-for-30-days/)
– Martin allegedly kept pushing the victim until they reached the abandoned house where he allegedly raped her. (http://www.saipantribune.com/index.php/ex-convict-allegedly-rapes-former-girlfriend/).
– Judge Perry B. Inos sentenced Babauta to five years in prison, all suspended except for 30 months, without the possibility of parole, with credit for the 138 days he has already served in jail. According to the plea agreement, Babauta had sexual contact with a 12-year-old girl (http://www.saipantribune.com/index.php/ex-house-bet-gets-30-month-sentence-for-sex-abuse/)
– A man who was charged with beating up his wife, trying to stab her with a kitchen knife, and slapping her daughter pleaded guilty and was given a six-month prison term. (http://www.saipantribune.com/index.php/man-who-tried-to-stab-wife-gets-6-months-in-prison/)
– Defendant says no more alcohol, 10 days in jail turn him to a family man. Judge Inos has imposed a 30-day jail term on a man who beat up his wife before their two minor children.
(http://www.saipantribune.com/index.php/man-gets-30-day-jail-term-for-beating-wife-before-2-children/)
– Last October, Superior Court associate judge Perry B. Inos slapped a 58-day jail term on Giovanni Sablan for assaulting his former girlfriend in the parking lot of Aquarius Hotel in Chalan Kanoa. Inos sentenced the defendant to a total of one year and six months, all suspended except for 58 days, for assault and battery, and disturbing the peace. Inos gave the 23-year-old defendant credit for the 58 days he already served in jail. (http://www.saipantribune.com/index.php/ex-cpa-firefighter-on-probation-arrested-again/)
– Superior Court associate judge Perry B. Inos yesterday slapped a seven-day prison term against a man who punched his 17-year-old daughter for not studying and constantly cutting classes. (http://www.saipantribune.com/index.php/man-gets-7-day-sentence-for-punching-daughter/)
– Inos on Monday sentenced Julio Litulumar Emangmai to three years in prison, all suspended except for 90 days, for assault with a dangerous weapon, with credit for time served. This mean the 25-year-old Emangmai will no longer serve further jail time. (http://www.saipantribune.com/index.php/man-gets-90-day-sentence-for-beating-up-his-girlfriend/)
– And the Carmelita Guiao crimes for which she received 10 years in jail, not probation, on each, to run concurrent. Ten years for hitting him with a frying pan. They both might have benefited from anger management classes, which Judge Inos ordered several of his other defendants to get: January 6, 2012: Preliminary police investigation states that Guiao repeatedly struck the victim with a hot frying pan. Tarkong smelled a strong odor of alcoholic beverages in both the victim and Guiao. (http://www.saipantribune.com/index.php/woman-attacks-husband-with-hot-frying-pan-burns-shoe/)
I am sure there are mitigating circumstances but the pattern is for leaner sentences and more help for men beating up women than the other way around. You decide. Time served, anger management classes, and keep these two idiots apart. I just hope the kids are grownups.
Gary DuBrall
Chalan Piao, Saipan
On December 3 1, 20 1 1, Defendant allegedly attacked her then-husband, John Saimon (“the Victim”) with a frying pan. On January 9, 2012, the Commonwealth charged Defendant with Assault with a Dangerous Weapon, Assault and Battery, Criminal Mischief, and four counts of Disturbing the Peace in Criminal Case number 12-0001 A. The case was initially assigned to Presiding Judge Robert C. Naraja. On January 6,2012, Defendant was released on bail and ordered to have no direct or indirect contact with the Victim. On March 11, 2012, Defendant allegedly ran over the Victim with her vehicle. On March 22, 2012, Defendant was charged with Attempted Murder in the Second Degree, Aggravated Assault and Battery, Assault with a Dangerous Weapon, Contempt (for violating the Bail Order in 12-0001), Reckless Driving, and related charges in Criminal Case number 12-0055D. This case was assigned to Judge Perry B. Inos.
“The main charge in the First Case is Assault with a Dangerous Weapon, and the main charge in the Second Case is Attempted Murder in the Second Degree.”
Reference: http://www.cnmilaw.org/pdf/superior/12-07-18-CR12-0001.pdf
“Jury, Inos find Guiao guilty”
“A Superior Court jury rendered yesterday a guilty verdict to Carmelita Guiao, a woman accused of running over with a car her former common-law husband in Upper Miha, Garapan. After deliberating for several hours, the jurors reached a unanimous verdict.”
Updated: 08/30/2012 10:08A
Reference: http://www.tollfree800legal.com/news/latest-law-news.cfm?Next-News-ID=26075603&start=51
Ms Carmelita Guiao went before a jury of her peers and she was found guilty on attempted murder. Based on my studies relating to the criminal justice system and the judicial system in the State of California, a person will get a lesser sentence if he or she plea bargain with the prosecuting authority. But if a person decides to go to trail before the jury of his or her peers, the judicial system tend to throw the book at the person who was found guilty via guilty verdict from the jury. It is very costly for the government to take a case via trial by the jury and it is best to plea bargain to get lesser sentence.
In the cases you mentioned above, I believe that most of them did not go to trial and the defendant or the accused on each case agreed on a plea bargain with the prosecuting authority which is our Attorney General Office. So we can’t compare the outcome of a sentence given to person who pleaded guilty on his or her crime against our society, to a person who decides to go to trial and was found guilty.
Your allegation of bias may have some merit. Case in point, bills like taking away the driver licenses of individuals who don’t pay their child support in the CNMI or stiffer sentences for a certain crime commit will not pass muster at the CNMI Legislature. I know for I researched for bills to be introduce at the CNMI Legislature.
The family name Guiao does not ring a bell and that may be the reason on why harsher sentence was given to Ms. Guiao. Maybe it has to do with the last name of the accused, because when it comes to the retention year for our judges to stay or go, a big family names will make a different. And it is a privilege given to us commoners to decides who will stay as judges at our CNMI Superior Court this coming November.