Construction worker acquitted of domestic violence

Superior Court Associate Judge Joseph N. Camacho yesterday acquitted a construction worker accused of beating up his wife at their house on Saipan this year.

At a bench trial, Camacho granted assistant public defender Matthew Meyer’s motion to acquit the 34-year-old Frederick G. Cabang as to the charge of assault and battery.

The judge said the court is convinced that when Cabang made physical contact with his wife, it was for the purpose of defending himself.

Camacho said the government has failed to prove beyond a reasonable doubt that Cabang’s physical contact with his wife was unlawful.

“Though rarely reported, men can and are victims of domestic violence too. Whether a man, woman or child—no one deserves to be a victim of domestic violence,” the judge said.

Camacho said it is troubling for the court, that the prosecution automatically assumes the woman is the victim and the man is the abuser.

Clearly, the judge noted, from words of the wife herself, she was the one who started the physical abuse.

At the trial, assistant attorneys general Betty Weintraub and Emily Cohen called five witness, including defendant’s wife.

The wife testified that she and Cabang came from a party and they were arguing as they walked home.

On the road, the wife slapped the drunk Cabang several times. At home, the argument continued and that she slapped and punched him repeatedly.

After she kicked him in the groin, he punched her on the face. She renewed her attack by punching, slapping, and kicking him.

She said she grabbed Cabang’s private part and twisted and pulled it.

She then grabbed a butcher knife and hit him on the leg. He then grabbed the knife away from her.

The wife ran outside the house and called out to people for help and police.

Asked why she called the police, she said she wants her husband to get in trouble.

After calling in the fifth witness, the prosecution rested the government’s case. The prosecution also dismissed the disturbing the peace charge.

Assistant public defender Meyer then moved for judgment of acquittal as to the remaining charge of assault and battery.

In granting the defense’s motion, Camacho said the wife is the initial aggressor and Cabang was slapped, punched, and kicked on the face, body, and groin.

Camacho said defending himself from further attack, Cabang punched her and she stopped her attack and ran outside of the house.

Camacho said from the wife’s own words, she called for help from people and the police just to get Cabang in trouble.

The judge said Cabang did not continue any physical contact beyond what was necessary to defend himself.

Camacho added that whatever happened between the couple and whether they are still staying together or not, they should get counseling.