Manila finally gets a lawyer

William M. Fitzgerald

Reynaldo A. Manila, who has been an inmate in the Department of Corrections for 18 years and is now blind on his left eye, finally has a lawyer in his lawsuit against former and current DOC officials.

William M. Fitzgerald, counsel for Manila, filed yesterday a motion for a status conference in the case before the U.S. District Court for the NMI.

In his declaration, Fitzgerald said it was only last Dec. 3 when he received from the District Court voluminous files in Manila’s lawsuit consisting of more than 400 pages.

Fitzgerald said he met Manila the following day, Dec. 4, and that Manila requested that he represents him because his previous attorney had withdrawn from representing him.

Fitzgerald said he had already talked with a doctor about Manila’s case.

He said Manila sent him a message, asking him to pick up his files.

The lawyer said since he met with Manila, he (Fitzgerald) had faced two brief writing deadlines and previously scheduled deposition that have prevented him from reading and digesting the voluminous Manila files.

Fitzgerald said he needs more time to prepare to provide Manila with adequate representation.

Manila is suing former DOC commissioner Robert Guerrero and two other officials over the blindness of his left eye.

U.S. District Court for the NMI Chief Judge Ramona V. Manglona denied a motion to dismiss Manila’s lawsuit.

Guerrero, who is currently the Department of Public Safety commissioner, was the DOC commissioner when Manila was diagnosed with retinal detachment in the left eye.

Manila sued Guerrero and DOC officials Georgia Cabrera and Jose K. Pangelinan in their personal capacity for alleged violations prisoner’s Eighth Amendment right to adequate medical care.

Cabrera used to serve as DOC commissioner, while Pangelinan served as acting DOC commissioner when Guerrero was transferred to the DPS. Cabrera and Pangelinan are still DOC officials.

In Guerrero’s defense to Manila’s lawsuit, the Office of the Attorney General has asserted that Manila’s injuries, if any, were caused by the malpractice of his treating professionals.

OAG Civil Division chief Christopher M. Timmons, said Guerrero did not violate any of Manila’s rights pursuant to well established law.

Timmons said Guerrero has qualified immunity from suit.

Manila was 39 years old when the Superior Court sentenced him in June 2002 to 60 years in prison for second degree murder over the death of his 6-month-old goddaughter in November 2000.

The then-chief prosecutor Clyde Lemons said the doctor testified that the baby was shaken “very hard” consistent with shaken baby syndrome.

Until now, Manila is insisting he did not kill the baby.