The CNMI Supreme Court confirms the dismissal of the sexual assault case against Tim Onopey | Local News

The CNMI Supreme Court has upheld the trial court’s dismissal of the sexual assault case against Tim Onopey.

In its opinion issued on October 11, the Supreme Court noted that “the trial court has the authority to regulate the conditions of dismissal and that it did not constitute an abuse of the court’s discretion to dismiss the case without prejudice because the prosecution did not do so.” did. “Give the court a reason to give it time to continue its investigation or re-file charges against Onopey.”

“This case reminds us that the rule of law says the guilty are convicted and punished and the innocent are free,” said attorney Robert T. Torres, who represents Onopey.

“While it is the prosecutor’s job to ensure justice, fortunately there are courts to prevent injustice. Defense attorneys do not represent criminals, which is often misunderstood – we defend the constitutional rights of every person. Kind regards,” Torres added.

“The government knew the evidence that Tim Onopey was innocent and yet insisted on dismissal without prejudice without good cause. That was not justified, and although the Supreme Court found that the motion to dismiss was not made in bad faith, we also know that the motion to dismiss was certainly not made in good faith. “The Supreme Court in its decision underscored the court’s role in reviewing improper dismissals intended to harass or intimidate defendants,” Torres said.

“Tim Onopey was wrongly accused and an injustice was corrected. He can now try to move on with his life after this case,” the lawyer added.

Last year, Associate Supreme Court Justice Joseph N. Camacho dismissed sexual assault charges against Onopey with prejudice.

“With prejudice” means the case cannot be refiled.

The Attorney General’s Office then appealed the verdict to the CNMI Supreme Court.

For his part, Onopey’s co-defendant, Frankie Rettanlug, was sentenced to eight years in prison by the trial court after pleading guilty to first-degree sexual assault.

Onopey, 25, and Rettanlug, 28, were accused of raping a 17-year-old girl on a beach. They were calculated separately.

According to the court, on May 29, 2022, at around 8:17 p.m., police responded to two reported incidents of sexual assault at Guma Sakman in Susupe and arrested Rettanlug and Onopey.

The girl told police that she had consensual intercourse with Onopey, but Rettanlug had sexual intercourse with her without her consent.