Former Department of Public Safety commissioner James C. Deleon Guerrero and former police officer Jesse Salas Concepcion are asking that all their cash and property that they posted as bail be returned to them following the high court’s ruling last Friday.
Immediately following the Supreme Court’s denial of the Commonwealth’s petition for a writ of mandamus to re-instate charges of sexual abuse of a minor in the first degree against Deleon Guerrero and Concepcion, the defendants, through their counsels, asked the Superior Court to exonerate all bail conditions and to return all the cash and properties they posted as bail.
A writ of mandamus is an order from a court to a government official ordering the government official to do his or her duty or correct an abuse of discretion.
According to the motion filed by the defendants through their counsels, because there are no pending charges remaining in their criminal proceeding, the bond and conditions of their release serve no purpose.
Deleon Guerrero is requesting, through his lawyer, Matthew Holley, for the court to release his property held on bond with the NMI Superior court.
Concepcion is requesting, through Charity Hodson, for the court to execute a release of the property held on bond with the NMI Superior court.
Both Deleon Deleon Guerrero and Concepcion are requesting that the court absolve all bail conditions like the condition to stay away from all seaport and airports, return his travel documents, not leave the island of Saipan, have no direct or indirect contact with a minor, be permitted to work from Monday to Friday from 8am to 5pm, and others.
In 2016, Superior Court Associate Judge Joseph Camacho issued separate orders that dismissed without prejudice the charges against Deleon Guerrero and Concepcion.
Camacho found no probable cause as to the charge of conspiracy to commit sexual abuse of a minor in the first degree, that the government produced no evidence that Deleon Guerrero and Concepcion conspired to have sex with a minor.
Camacho also found no probable cause for the two counts of misconduct in public office, as the government presented no evidence that the alleged offense occurred.
Camacho also dismissed without prejudice the charge of sexual abuse of a minor in the first degree filed against Deleon Guerrero and Concepcion. The judge said the government failed to prove essential element of the crime.
The government filed a petition for a writ of mandamus before the high court on Oct. 11, 2018, that was denied on Oct. 12, 2018.