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| No more evidentiary hearing |
| By saipantribune.com |
| Published: 02/08/2010 |
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The federal court quashed yesterday the U.S. government's subpoenas and voided a court order for evidentiary hearing in connection with the temporary release of a federal detainee at the request of Gov. Benigno R. Fitial, saying the U.S. government's case was speculative “at this point.” U.S. District Court for the NMI Chief Judge Alex R. Munson granted Corrections Commissioner Dolores M. Aldan's motions to quash the U.S. government's subpoenas and void the court order for an evidentiary hearing on Feb. 17, 2010. Gov. Benigno R. Fitial said yesterday that Judge Alex R. Munson's decision “has brought resolution” to the matter. “I have always believed that the truth shall always prevail. Today, I am very pleased that the truth has brought resolution to this matter,” said Fitial in a statement when asked for comment. See story on Page 2. Munson said that key to the court's decision is its concern that it is being asked by the U.S. government to occupy an essentially investigatorial role in support of a motion that is “perhaps unavoidably, entirely speculative at this point in time.” “The court agrees that, given the paucity of grounds other than 'possible prejudice' to plaintiff [U.S. government] and defendant [detainee Qingmei Cheng], traditional investigation and use of the grand jury are more appropriate than a speculative, open-ended fact-finding hearing conducted under the aegis of the court,” the judge said. Cheng, 28, was among 24 Chinese nationals recently arrested by U.S. Immigration and Customs Enforcement agents for allegedly trying to sneak into Guam on a boat. Read More. |
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