Supreme Court Appellate Session Rota Centron Hustisia - May 18, 2022

Chief Justice Alexandro C. Castro Justice John A. Manglona Justice Perry B. Inos

Appellate

Session

Supreme Court Rota

Centron May

Hustisia 18,

2022

Commonwealth of the Northern Mariana Islands, Appellant, v.

Kenneth Thomas Blas Kaipat, Appellee.

Supreme Court Case No. 2021-SCC0016-CRM

The Parties and Counsel Appellant Commonwealth of the Northern Mariana Islands, Represented by J. Robert Glass, Jr., Chief Solicitor Appellee Kenneth Thomas Blas Kaipat Represented by Brian Sers Nicolas, Esq.

Page 2 | Supreme Court

THE FACTS Kaipat’s cousin was attacked in her home by a masked man on June 2, 2019. The police found Kaipat nearby, and he said a masked man attacked him too. He went with his parents to the police station and gave some DNA samples.

The next day, the police asked Kaipat’s parents to bring him to the police station again so the FBI could take a DNA sample from one of his hairs.

When Kaipat’s parents brought him back to the police station two days later on June 5, the FBI instead took a DNA sample from his mouth.

After DNA evidence gathered from Kaipat and his cousin was tested, Kaipat was charged with attacking her.

Kaipat moved to suppress all the DNA evidence from him on the grounds that it was obtained in violation of the Fourth Amendment because there was no warrant and because he did not voluntarily consent to giving his DNA.

THE ISSUES The Superior Court decided that there was no voluntary consent to the FBI taking a DNA sample on June 5 and suppressed that evidence. The Commonwealth appealed that decision to the Supreme Court.

The Supreme Court now has to decide whether the Superior Court made a mistake when it said that Kaipat did not voluntarily consent to giving the FBI a DNA sample.

Page 3 | Supreme Court

Joseph A. Crisostomo, Appellant, v.

Commonwealth Department of Corrections and Wally Villagomez, in His Official Capacity as Commissioner of the Commonwealth Department of Corrections, Appellees.

Supreme Court Case No. 2021-SCC0015-CIV

The Parties and Counsel Appellant Joseph A. Crisostomo Represented by Cong Nie, Esq. Appellees Commonwealth Department of Corrections and Wally Villagomez in His Official Capacity as Commissioner of the Commonwealth Department of Corrections Represented by J. Robert Glass, Jr., Chief Solicitor

Page 4 | Supreme Court

THE FACTS In 2013, Joseph A. Crisostomo was charged with the murder, kidnapping, and sexual assault of Emerita Romero.

At trial, Susana Kehl, an FBI DNA analyst, testified for the prosecution. Based on DNA evidence, she said that there was a 99.99999% chance that Crisostomo was guilty.

After hearing this testimony and other kinds of evidence, the jury decided that Crisostomo was guilty, and the NMI Supreme Court upheld the guilty verdict.

Afterward, Crisostomo filed a new petition. He said that he should be let out of prison because his trial lawyer, Janet King, did not give him proper representation.

Crisostomo said that King didn’t ask Kehl the right questions during the cross-examination. He also said that she didn’t give important documents to the defense DNA expert when she should have.

THE ISSUES The Superior Court decided that King’s performance was good enough and that Crisostomo should stay in prison.

Crisostomo appealed that decision to the Supreme Court.

The Supreme Court now has to decide whether the Superior Court made a mistake when it found that King was an adequate lawyer for Crisostomo.

Page 5 | Supreme Court

Judy

T.

Clerk

Nora

Aldan,

of

V.

Deputy

Esq.

Court

Borja Clerk

of

Court

Law

Clerks:

Mary Keith

E. H.

Novakovic Ketola

Benjamin

S.

Schwartz