The Superior Court on Friday dismissed without prejudice the case against a sex offender who was arrested during a compliance check last August for allegedly violating the terms of his probation when he was found with his adult girlfriend\u2019s minor daughter in his apartment in As Lito.<\/p>\n
Dismissal without prejudice means the Office of the Attorney General may re-file the case against Frank Kaneshi.<\/p>\n
Associate Judge Joseph N. Camacho dismissed the charges and proceedings against the 31-year-old Kaneshi after the OAG and Kaneshi\u2019s lawyer agreed to drop the case.<\/p>\n
Camacho vacated the motion hearing set for April 3.<\/p>\n
Assistant attorney general Frances T. Demapana sked for the case\u2019s dismissal pending further investigation into the circumstances of the case.<\/p>\n
Kaneshi, through counsel David George Banes, did not oppose the dismissal.<\/p>\n
It was reported last month that Kaneshi\u2019s adult girlfriend is pregnant. He filed a motion questioning the constitutionality of a statute involving the CNMI Sex Offender Registry that prevents him from being around minor children, including his own.<\/p>\n
Kaneshi was convicted in 2011 for sexual abuse of a minor in the second degree. He was sentenced to six years imprisonment. After serving the prison term, he was placed on probation.<\/p>\n
While on probation, the CNMI Sex Offender Task Force and the U.S. Marshal arrested him during a compliance check last Aug. 13 for allegedly violating the terms of his probation when they allegedly found him with his adult girlfriend\u2019s 2-year-old daughter in his apartment.<\/p>\n
Kaneshi, through counsel, filed last month a motion to dismiss the case.<\/p>\n
Banes said the substance of Kaneshi\u2019s alleged violation is that, having been convicted in 2011 at age 23, of having sexual intercourse with a 15-year-old girl, he was now residing in the same household with his adult girlfriend and her 2-year-old daughter.<\/p>\n
Banes said that since Kaneshi and his girlfriend are soon expecting a child of their own, he will again be in violation if they maintain a family household together.<\/p>\n
However, Banes said, the statute is unconstitutional, under both the CNMI and the U.S. Constitutions as applicable in the CNMI under the Covenant.<\/p>\n
The lawyer said the charge against Kaneshi should be dismissed as it violates his constitutional rights to due process, equal protection, and privacy.<\/p>\n
He said the U.S. Constitution provides that no state shall deprive any person of liberty without due process of law.<\/p>\n","protected":false},"excerpt":{"rendered":"
The Superior Court on Friday dismissed without prejudice the case against a sex offender who…<\/p>\n","protected":false},"author":23,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[],"class_list":["post-296065","post","type-post","status-publish","format-standard","hentry","category-local-news"],"_links":{"self":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts\/296065","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/users\/23"}],"replies":[{"embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/comments?post=296065"}],"version-history":[{"count":0,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts\/296065\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/media?parent=296065"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/categories?post=296065"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/tags?post=296065"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}