Judge orders ex-Immigration captain to appear in court
Tag: District Court, Joe Hill, lawsuit
Failure to show up may result in the issuance of a warrant for Cabrera’s arrest.
The judge directed Cabrera to appear in court on Aug. 22, 2012, at 10am to determining his ability to pay the balance of the amount owed and the fastest manner in which he can pay the judgment.
The court will also determine at the hearing what further action shall be necessary to ensure compliance with the judgment.
Manglona ordered Cabrera to bring with him financial statements, bank statements, records, writings, instruments, receipts, lists of real property and personal property, and other documents that may be necessary or relevant in determining his ability to pay and the manner in which judgment can be paid.
Manglona issued the order after attorney Joe Hill, counsel for the victim, filed last week a third motion for order in aid of judgment.
According to Hill, Cabrera has failed to make timely payments and is in arrears, with an outstanding balance of unpaid principal and interest of $33,923.58 as of July 25, 2012.
Hill said Cabrera’s last payment was made on May 27, 2011 in the amount of $150.
Cabrera was sentenced to six years in prison on Sept. 18, 1997, for rape, oral copulation, and misconduct in public office.
The victim, a Chinese national, later filed a civil lawsuit in federal court against Cabrera. Cabrera settled the case by promising to pay the victim $50,000 on or before March 15, 2004.
In June 2010, Hill filed a motion to enforce judgment after Cabrera failed to make timely biweekly payments. At the time, he owed $29,921.55.
Federal court visiting judge Consuelo B. Marshall on the same month directed Cabrera to continue paying the $150 biweekly to the victim.
By Ferdie de la Torre