The KSPN news last night had Ed Buckingham saying that the Governor commuted a part of Diaz's sentence, giving room to the Board of Parole to consider parole.
I have been trying to figure out how that might have happened.
I have not seen the document that releases him. But based on Ed's short description, it seems the Governor must have commuted the sentence as to the 25 years violation related to methamphetamine trafficking. That would leave the lesser crimes' sentences in place, where the Board of Parole would then have room to decide on terms for release into the community.
A brief response to the commenter on Wendy's blog who said:
Jane, you are practically committing legal malpractice. You haven't practiced criminal law in decades.
There is a big, big difference between probation (in which a court retains jurisdiction) and parole or pardon and commutation, in which it does not.
Your hatred of Fitial is so extreme that you blame him for things over which he legally has no control, namely the Board of Parole. That's who any OGA request should be addressed to, not the Governor.
This blog is replete to "citations" of law without any authority whatsoever, a practice which, unfortunately, carries over to CNMI courts and judges. You should be setting an example, Jane, because people trust and rely on you as a lawyer.
I never practiced criminal law. But a court has the power to enforce its judgments, whether those are civil or criminal. And I am aware of the differences between suspension of a sentence, probation, parole, commutation of a sentence and pardon.
I didn't talk about probation in any part of my discussion.
I don't hate Governor Fitial, but I disagree vehemently with his continued actions and misgovernance in the CNMI. And I criticize those actions. He certainly is responsible for the commutation of the sentence of David Tanaka Diaz that was necessary before the Board of Parole could take any action to release him. It was obvious, even before Ed spoke on television news, that the Governor had a role in the release of David Tanaka Diaz. Any Open Government Act request would have to addressed to both the Governor and the Board of Parole to get the full picture.
I don't understand the commenter's criticism that the blog is replete with "citations" of law without any authority. That statement itself makes no sense. Perhaps the commenter doesn't realize that a citation of law is a citation of authority. I don't mind being lumped in a criticism with the CNMI courts and judges. I'd rather be with them than with the current Administration.
On the governor's decision to commute the sentece of David Tanaka Diaz:
I think this is reprehensible. Perhaps the Governor knows something that we don't. But then the community should be told, because this is a matter of public importance.
The Legislature has long held a strong line against drug trafficking, especially of ice. The 25 year sentence without being subject to suspension, probation, or parole is one aspect of that line against drug trafficking. (Some may disagree with the law and call it draconian. I might even think so as it is written to apply against a first-time offender. But as it applies in this case, I don't think it is unfair, draconian, or illogical.)
The Court respected the Legislature's policy in the case of David Tanaka Diaz, but the Governor has not. He gave a THREEPEAT offender a commutation of sentence for the worst drug-trafficking crime in the CNMI.
And it should be noted that at the time, the CNMI Attorney General's office asked for a sentence of 50 years!
David Tanaka Diaz has already proven that arrest, conviction and jail time for drug trafficking isn't rehabilitative. His first time resulted in a federal conviction. His second time resulted in charges that were pending when he committed his third offen
3 Comments on David Tanaka Diaz-threepeat, last added: 4/18/2010
Display Comments
Add a Comment
Maybe the Governor let him go because he was in need of a massage?
And that comment from Wendy's blog about the Governor not controlling every aspect of his administration? I beg to differ.
Remember the people that lost jobs because they supported the monument?
He even tries to control the private sector. Remember how they went after Jay Solly's girlfriend?
I forgot to thank the anonymous commenter who called this to our attention. If not for him/her, we might not even know.
The governor likes to operate in secrecy. There would be no public announcement, no public notice from the Board of Parole.
We can't do anything now, but at least we know he's out there, we know he's free, and perhaps the Feds will be watching.
You are welcome Jane. And I am pleased that Anna is enjoying NYC.