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The weather, the world-more of the same. The ocean was a study in light and dark this morning, with patches of brigh turquoise and strecthes of indeterminable gray/purple/shadow, and in between pacific blue.
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As if hearing Wendy Doromal's question, the Marianas Variety apparently tried to track down the information about the release of David Tanaka Diaz. In fact, he was paroled.

Some interesting bits:

1. Diaz's appeal challenged the court's sentencing. The CNMI Supreme Court, in its October 2003 opinion, said that he could be sentenced to either 25 years or more of jail OR a fine. The Supreme Court wasn't sure the trial court realized that it could avoid jail time in sentencing and just order a fine. So it remanded.

2. The sentencing STATUTE 6 CMC sec. 2141(b)(1)(b) (amended in 1991 by P.L. 7-42) specifically says the sentence shall not be subject to suspension.

Any person that violates subsection (a) of this section with respect to
(1) A substance classified in Schedules I or II which is a narcotic drug or methamphetinehydrochloride shall be sentenced for a first offense to a term of imprisonment for a term of not less than 25 years, a fine of not more than $10,000, or both and the term of imprisonment shall not be subject to suspension, probation, or parole...

3. The Supreme Court, among other things, held that the language of this statute meant that the original sentence, which included 5 years suspended sentence after the 25 years mandatory imprisonment, was not authorized. The sentence, whatever the term of imprisonment, could not be subject to suspension, probation or parole.

4. On remand, the Superior Court issued a 25 year sentence of imprisonment, not subject to suspension, probation, or parole.

5. Obviously, by statute and by court order, that sentence is NOT SUBJECT TO SUSPENSION, PROBATION OR PAROLE.

6. The Attorney General, Ed Buckingham, is the legal counsel for the Board of Parole, according to the Marianas Variety.

7. The Board of Parole granted a parole to David Tanaka Diaz, despite having no authority to do so.

8. The Attorney General, Ed Buckingham, seems to also be the legal counsel for the Department of Corrections. (I say this based on the AG's role in massage-gate.)

9. The DOC, knowing that the Board of Parole had no authority, knowing the terms of imprisonment set by law and court order, knowing 25 years has not elapsed since his imprisonment and the sentence has not been satisfied, released David Tanaka Diaz on March 12, 2010.

10. CONCLUSION: We have put the crooks in charge of the prison. We have a breakdown of law and order.

This is the third incident involving DOC in the past couple of months--the Chinese federal detainee-masseuse taken to the Governor in the dead of night by Dolores San Nicolas to massage him; Mr. Aldan, husband to former DOC chief Dolores San Nicolas, in prison but noncompliant with the terms of his plea but getting weekend releases and his gun which has not been returned; and a two-time convicted ice dealer who got caught with the largest amount of the drug in CNMI history now released contrary to statutory law and the court ordered sentence for his crime.

This is really bad.

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Tuesday evening, about 7 PM-beautiful red crescent moon. Later last night-glorious stars in deep black sky studded with clouds. More cadena de amor shrouding trees and vegetation in the wilder parts of Saipan.

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So Governor Fitial has decided that Dolores San Nicolas Aldan should no longer be the head of the Department of Corrections. Instead, she will be a special assistant on political affairs. And the Governor has nominated Ray Mafnas to the DOC post.

Well, I don't know why we're now calling relationships with "masseuse therapists" political affairs--just plain old affairs seems more appropriate. Why are we wasting money keeping Dolores San Nicolas Aldan on the government payroll? What price loyalty? or is that silence?

But the real problem is appointing Ray Mafnas to any post with this much power.

Mafnas was most recently "senior policy adviser" -another term for muscle, I think. Whenever Fitial wants something checked out--to bring someone into line?--he calls on Ray Mafnas.

Being on hand when the Governor met with DPS protesters wanting a raise.

Checking out why Jose Itibus didn't show up at the swearing in.

Even enforcing a ban on smoking and chewing betelnut at public places.


Mafnas is a man who wields his power with a heavy hand.

Thought to be behind the ouster of Clyde Norita from DPS.

Wanting to control all government employee transfers.

I suppose being the governor's muscle may be experience in "corrections." No question he has some degree in criminal justice and has previously filled in at both DOC and DPS. Still, I think this is a bad appointment.

Political payback or just a thin clique from which to draw. What a shame for us.

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