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Judge takes Shawn Appleby’s request under advisement

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SUPERIOR Court Presiding Judge Robert C. Naraja said he will issue an order today, Friday, requiring the request of a parolee to stop a parole revocation hearing.

 The order will be announced at around 4 p.m. or before the CNMI Board of Parole convenes at the Gov. Pedro P. Tenorio Multi-Purpose Center for Shawn C. Appleby’s revocation hearing.

  Variety had incorrectly reported that the revocation hearing for Appleby was postponed because he filed a motion for temporary restraining order and preliminary injunction on court.

 The revocation hearing was scheduled for today, Friday, July 10, 2020 at 9 a.m.

 At the hearing on Thursday, Appleby was represented by Assistant Public Defender Jean Nogues who said his client was denied representation in the parole hearing proceedings.

 Nogues said Appleby’s due process rights have been violated.

The Parole Board conducted a preliminary hearing on April 13, 2020 without any prior notice to Appleby that he had a due process right to request for the appointment of counsel, Nogues said.

He asked the court to appoint him as Appleby’s counsel at the revocation hearing.

The lawyer added that his client is also challenging his detention pending the final determination of  parole violations.

In a letter to Nogues dated July 1, Parole Board Chairman Ramon B. Camacho denied the request for a postponement of the revocation hearing and request to represent Appleby.

 Camacho told Nogues that Appleby “may consult with you prior to the hearing but you may not represent him during the hearing.”

 The Department of Corrections, for its part, was represented by Assistant Attorney General J. Robert Glass Jr. who told the court that Appleby’s motion for preliminary injunction was filed early.

 “There is no irreparable harm done to the parolee, and we don’t know what will be the decision of the [Board of Parole] tomorrow [Friday] at the revocation hearing.”

 Assistant AG Leslie Healer represents the Board of Parole but she did not appear at the court hearing. Neither the board nor its members were served by the petitioner, Variety was told.

 Appleby was arrested for domestic violence and disturbing the peace at his residence in Dandan on March 24, 2020.

The victim was another parolee, Laraad Ramangmou.

 According to Appleby, however, there was no physical altercation, “just an argument about food and payroll.”

But the Board of Parole issued an order suspending Appleby’s parole and a warrant for his arrest for violating the terms and conditions of his parole.

 A preliminary hearing  held on April 13 at Corrections and found probable cause that Appleby violated the conditions of his parole.

Appleby has served about 26 years of his 40-year sentence for killing Byung Ok Suh in Nov. 1996 after robbing the victim’s store, Chalan Market, in San Antonio. In 1999 and 2007, he was convicted for escape, adding two more years to his 40-year sentence.

Despite the opposition from the AG’s office, Appleby’s parole application was granted in Sept. 2019.

He was also granted parole in Feb. 2011, but it was revoked in Dec. 2012 after he violated its conditions.

 

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November 2020 pssnewsletter

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