Suda gets 6-month sentence for disturbing the peace

Superior Court Associate Judge Joseph N. Camacho handed down yesterday a maximum sentence of six months in prison against Daisina Suda, a 41-year-old woman who pleaded guilty to disturbing the peace. Suda recently testified that she assisted her then-boyfriend rape a minor at a motel.

Daisina Suda is escorted by a court marshal at the Superior Court yesterday. (Ferdie de la Torre)

In sentencing Suda, Camacho said the defendant admitted in court that she participated in letting her then-boyfriend Parvez MD. Barpery sexually assault a 17-year-old girl inside the San Jose Motel in May 2013.

Although Suda pleaded guilty only to disturbing the peace, Camacho said those facts are relevant at the sentencing.

Assistant attorney general James McAllister deferred to Camacho whatever sentence he would impose on Suda.

Suda’s counsel, attorney Samuel Mok, recommended a sentence of four months of time served. Mok said it’s a tragic and horrible situation and there’s no winner in this case except the rule of law.

Suda was charged with the same charges filed against Barpery, who was found not guilty of sexual assault in the first degree and disturbing the peace.

Mok said that using the same logic that Camacho stated in acquitting Barpery on the charge of disturbing the peace, Suda was not charged with prostitution or aiding and abetting as she was charged with the same offenses as Barpery.

Mok also disclosed that Suda’s father recently passed away. He asked the court to allow the defendant to be temporarily released for at least 16 hours so she could attend the funeral.

Mok said the father died off-island last April 15 due to cardiac arrest while visiting family in Texas.

The lawyer said the elder Suda’s body is en route to Saipan and will be arriving on the island on Friday. He said a rosary will take place that evening at the family’s residence in Garapan, with the actual burial itself taking place on Saturday at the Tanapag Cemetery.

Mok asked the court to allow Suda’s temporary release to a third-party custodian for the 16-hour period so that she may pay her final respects to her father.

Camacho allowed Suda to attend the funeral, saying she will be released on Saturday from 7am to 1pm.

“I will allow you to say goodbye to your father,” Camacho said, adding that Suda should be back at the Department of Corrections by 1pm.

Suda pleaded guilty to disturbing the peace as part of a plea agreement. As part of the deal, the government agreed to dismiss the charge of sexual assault in the first degree. She testified in the jury trial of Barpery.

According to the basis of the plea agreement, Suda “committed an act that unreasonably annoyed or disturbed a minor child” in May 2013.

In his judgment of conviction, Camacho said it is a harsh reality that prosecutors must often make reluctant plea bargains with defendants.

“This is one of those cases,” said Camacho, noting that Suda’s confessions to the police implicated Barpery.

The judge said the Constitution prohibits the prosecutor from using Suda’s confessions against Barpery if Suda does not take the witness stand.

He said the prosecutor desires a case as strong as possible against Barpery who allegedly sexually penetrated the girl.

The government alleged that in May 2013, Barpery sexually assaulted a then 17-year-old girl inside a motel room in San Jose.

The government alleged that Suda aided Barpery in the assault by bringing the girl to the motel, yelling at her, and physically restraining her while the girl was being raped.

The alleged victim is now 18 years old.

A Superior Court jury on Tuesday unanimously found Barpery not guilty of sexual assault in the first degree.

Camacho, who presided over the trial and decided on the misdemeanor charge, also found Barpery not guilty of disturbing the peace.

In explaining his verdict, Camacho found the testimonies of the government’s three main witnesses—the alleged victim, her cousin, and Suda—not credible.

Camacho said he believes that sex did take place and the alleged victim agreed to have sex with Barpery in exchange for money.