2022 CNMI HIGH SCHOOL MOCK TRIAL CASE - COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS V. DELA CRUZ - NMI Judiciary Logo
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2022 CNMI HIGH SCHOOL MOCK TRIAL CASE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS V. DELA CRUZ 2022 CNMI Mock Trial Case -0- Version 1.0. November 10, 2021
Supreme Court
Commonwealth of the Northern Mariana Islands
P.O. Box 502165
Office of the Clerk of Court Saipan, MP 96950
Guma’ Hustisia ·Iimwal Aweewe · House of Justice T: (670) 236-9715
F: (670) 236-9702
Dear Mock Trial Teams and Coaches for the 2022 competition:
We want to welcome you to the 2022 Commonwealth of the Northern Mariana Islands High
School Mock Trial competition. All of us at the Mock Trial committee look forward to this
year’s competition.
This year’s case is a criminal case that focuses on a theft from a local historical site. Our hope is
that the case will provide you with the chance to analyze and deal with some interesting legal
issues, as well as some interesting characters.
The case was made possible by the input of the following individuals from the Case Committee:
Mary Novakovic, Ben Schwartz, and Keith Ketola. We would additionally like to thank Peonie
C. Cabrera, the Executive Director of the CNMI Bar Association, for her continued support.
This competition would not be possible without the continued, generous support of the CNMI
legal community, the CNMI Courts, and our donors and volunteers. As you participate in Mock
Trial this season, please remember that there are many individuals, including the teacher
sponsors, the coaches, courthouse staff, and the numerous attorneys and judges, who give their
time to support Mock Trial. We would ask that you please take a moment during the season to
thank those individuals for their commitment to the program.
As a reminder, Mock Trial 2022 will take place on February 17 and 18, 2022 (Thursday and
Friday) at the Guma' Hustisia, Iimwal Aweewe courthouse in Susupe, Saipan.
If there are any questions concerning the materials for this year’s competition, please send
them to supreme.court@nmijudiciary.com no later than Friday, January 21, 2022. We will
provide responses and/or updates to the materials no later than Friday, February 4, 2022.
We look forward to another great Mock Trial competition!
The Mock Trial Committee
2022 CNMI Mock Trial Case -1- Version 1.0. November 10, 2021
Table of Contents
Case Background ............................................................................................................................ 4
About the Beach Road Tank ........................................................................................................... 4
Disclaimer ....................................................................................................................................... 4
Stipulations ..................................................................................................................................... 5
Information (Charging Document) ................................................................................................. 6
Commonwealth Code Selected Provisions ..................................................................................... 7
6 CMC § 1601. Theft. ................................................................................................................. 7
6 CMC § 1704. Misuse of Financial Instruments. ...................................................................... 8
Witness Statements ......................................................................................................................... 9
Prosecution Witness Statements.................................................................................................. 9
Kevin/Kelly Kahn, Forensics, Fingerprint Analyst ................................................................. 9
Marty/Martha Manibusan, Police Officer, CNMI Department of Public Safety .................. 13
Samuel/Samantha Sablan, Mechanic at M ’n S Auto Repair ................................................ 17
Defense Witness Statements ..................................................................................................... 22
Antonio/Antonia Alvarez, Handwriting Analyst ................................................................... 22
Damien/Damiena Dela Cruz, Defendant ............................................................................... 25
Taylor Tenorio, McDonald’s Cashier .................................................................................... 30
Exhibits ......................................................................................................................................... 34
Exhibit 1: Alvarez’s Curriculum Vitae ..................................................................................... 34
Exhibit 2: Boat Registration Application .................................................................................. 38
Exhibit 3: Canoe Rental Receipt ............................................................................................... 39
Exhibit 4: Dela Cruz’s Bank Statement .................................................................................... 40
Exhibit 5: Fingerprint Report by Kahn ..................................................................................... 41
Exhibit 6: Handwritten Note Found with the Tank Gun ........................................................... 43
Exhibit 7: Incident Report by Officer Manibusan ..................................................................... 44
Exhibit 8: Kahn’s Curriculum Vitae ......................................................................................... 46
Exhibit 9: Photograph of Boat................................................................................................... 47
Exhibit 10: Plea Agreement for Dela Cruz ............................................................................... 48
Exhibit 11: Plea Agreement for Sablan ..................................................................................... 53
Exhibit 12: Size Reference of Tank Gun .................................................................................. 58
Exhibit 13: Tank Gun ................................................................................................................ 59
2022 CNMI Mock Trial Case -2- Version 1.0. November 10, 2021
Exhibit 14: Texts Between Sablan and Dela Cruz .................................................................... 60
Dela Cruz’s Phone ................................................................................................................. 60
Sablan’s Phone ...................................................................................................................... 61
Exhibit 15: View of Beach Road Tank from M ’n S Auto Repair ............................................ 63
Exhibit 16: View of Smiling Cove Marina from Above, Labeled ............................................ 64
Jury Instructions ............................................................................................................................ 65
Instruction No. 1 ........................................................................................................................ 65
Instruction No. 2 ........................................................................................................................ 65
Instruction No. 3 ........................................................................................................................ 66
Instruction No. 4 ........................................................................................................................ 66
Instruction No. 5 ........................................................................................................................ 66
Instruction No. 6 ........................................................................................................................ 67
Instruction No. 7 ........................................................................................................................ 67
Instruction No. 8 ........................................................................................................................ 68
Instruction No. 9 ........................................................................................................................ 68
Instruction No. 10 ...................................................................................................................... 69
Instruction No. 11 ...................................................................................................................... 69
2022 CNMI Mock Trial Case -3- Version 1.0. November 10, 2021
Case Background
The Northern Mariana Islands are known for the role they played in World War II. This
case draws on this rich history.
Sometime during the night on October 3, 2021, the barrel of a World War II tank gun was
removed from a public, historic site. A CNMI police officer discovered the tank gun and a note
for its sale on a boat docked in the public marina.
The boat owner, Damien/Damiena Dela Cruz, was charged with the theft of the tank gun.
About the Beach Road Tank
The island of Saipan was an important strategic location during World War II. The
Northern Mariana Islands were a key stepping-stone for the American armed forces on the way
to mainland Japan. The Battle for Saipan lasted from June 15 to July 9, 1944.
The Beach Road tank is a relic from that fierce battle. It is a Type 97 Chi-Ha Japanese
tank. This particular model was the most widely produced medium tank type by Imperial Japan
during World War II. It featured a 57 mm main gun. Several examples of this type of tank and its
variations can still be found on Saipan.
Disclaimer
This is a work of fiction. The names, characters, businesses, organizations, events, and
incidents herein are the product of the authors’ imaginations. Any similarities to real people or to
real situations are unintentional.
2022 CNMI Mock Trial Case -4- Version 1.0. November 10, 2021
Stipulations
1. All exhibits included in the case materials are authentic and accurate representations of
the items they depict, and the proper chain of custody with regard to the exhibits has been
maintained. All parties must still use the proper procedures for admitting exhibits into
evidence, and all exhibits are subject to objection other than as to their authenticity.
2. Both sides have stipulated that the search of the boat was legal.
3. The signatures and signature representations (items marked with /s/) on the witness
statements and all other documents, including exhibits, are authentic. No challenges
based on the authenticity of witnesses’ signed documents will be entertained.
4. Each witness was given an opportunity to update or amend his/her statement shortly
before trial, and no changes were made.
5. The dates of witness statements are not relevant and are not included. No challenges
based on the dates of the witness statements will be entertained. All statements were
taken after the alleged incidents but before trial.
6. The trial is bifurcated. This trial only deals with whether the Defendant is guilty or not
guilty, not other issues such as penalty.
7. The jurisdiction and venue are proper.
8. All parties have agreed to the jury instructions.
9. Witnesses testifying as experts must be tendered; that is, the side that wishes to use an
expert witness at trial must lay the proper foundation for the expert’s qualifications, and
the Court must qualify them as an expert.
a. An expert witness is qualified when they meet these four criteria:
i. 1) the expert’s scientific, technical, or other specialized knowledge will
help the jury understand the evidence or to determine a fact in issue;
ii. 2) the testimony is based on sufficient facts or data;
iii. 3) the testimony is the product of reliable principles and methods; and
iv. 4) the expert has reliably applied the principles and methods to the facts of
the case.
10. Each witness can be portrayed by any student regardless of gender. Any instances in
these materials where a witness is referred to as only “him” or “her” or only “he” or
“she” is inadvertent. While this packet mostly uses him/her pronouns, students may
choose to use gender neutral pronouns if preferred. Each witness has either a gender-
neutral name or a choice of two first names; the students may choose which first name to
use for each witness.
11. It is anticipated that the trial time will not permit the use of all the exhibits provided in
the following materials. Each party should select and use only those exhibits that best
support and illustrate that party’s theory of the case.
2022 CNMI Mock Trial Case -5- Version 1.0. November 10, 2021
Information (Charging Document)
E-FILED
ALEJANDRO MANIBUSAN, ATTORNEY GENERAL CNMI SUPERIOR COURT
E-filed: Oct 15 2021 11:51 AM
OFFICE OF THE ATTORNEY GENERAL, Criminal Division Clerk Review: Oct 15 2021 11:51AM
Commonwealth of the Northern Mariana Islands Filing ID: 67092793
Case No. 22-66897-CR
Civic Center Complex, Susupe
Saipan, MP 96950-8907
Telephone: (670) 237-7600
Fax: (670) 234-7016
IN THE SUPERIOR COURT
OF THE
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS
COMMONWEALTH OF THE ) CRIMINAL CASE NO. 22-66897-CR
NORTHERN MARIANA ISLANDS, ) DETF Nos. 21-056
)
Plaintiff, )
)
vs. ) INFORMATION
)
DAMIEN/DAMIENA DELA CRUZ )
d.o.b. 06/06/1995, )
)
Defendant. )
_______________________________________)
COUNT I: THEFT
On or about October 3, 2021, in Saipan, Commonwealth of the Northern Mariana Islands,
the Defendant, Damien/Damiena Dela Cruz, unlawfully did take or use the property of another
with intent to permanently deprive the owner of his or her rights to the property, consisting of a
piece or pieces of a public memorial, in violation of 6 CMC § 1601.
/s/
OFFICE OF THE ATTORNEY GENERAL
ALEJANDRO MANIBUSAN, Attorney General
2022 CNMI Mock Trial Case -6- Version 1.0. November 10, 2021
Commonwealth Code Selected Provisions
6 CMC § 1601. Theft.
(a) A person commits the offense of theft if he or she unlawfully takes, uses or consumes the
property or services of another with intent to permanently deprive the owner of his or her
rights to the property or services. An accusation of theft may be supported by evidence
that it was committed in any manner that would be theft under this chapter,
notwithstanding the specification of a different manner in the indictment or information,
subject only to the power of the court to ensure a fair trial by granting a continuance or
other appropriate relief where the conduct of the defense would be prejudiced by lack of
fair notice or by surprise.
(b) A person convicted of theft under any section of this chapter may be punished:
1) If the value of the property or service is $20,000 or more, by imprisonment for not
more than 10 years; or
2) If the value of the property or service is at least $250 but less than $20,000, by
imprisonment for not more than five years; or
3) If the value of the property or service is less than $250, by imprisonment for not
more than one year; or
4) If the victim of the crime is a person at least 55 years of age or a person with a
disability, the offense is punishable by:
i. Imprisonment between one and three years and/or a fine up to $25,000 if
the value of the property is $300 or less; or
ii. Imprisonment between three and five years and/or a fine up to $25,000 if
the value of the property is more than $300 but less than $5,000; or
iii. Imprisonment between five and seven years and/or a fine up to $25,000 if
the value of the property is $5,000 or more but less than $50,000; or
iv. Imprisonment between seven and fifteen years and/or a fine up to $25,000
if the value of the property is $50,000 or more.
(c) The amount involved in a theft is deemed to be the highest value, by any reasonable
standard, of the property or service which the defendant stole or attempted to steal.
Amounts involved in thefts committed pursuant to one scheme or course of conduct,
whether from the same person or several persons, shall be aggregated in determining
whether an offense has been committed and the grade of the offense.
(d) It is an affirmative defense to prosecution for theft that the defendant:
1) Was unaware that the property or service was that of another; or
2) Acted under an honest claim of right to the property or service involved or that he
had a right to acquire or dispose of it as he or she did; or
3) Took property exposed for sale, intending to purchase and pay for it promptly, or
reasonably believing that the owner, if present, would have consented.
2022 CNMI Mock Trial Case -7- Version 1.0. November 10, 2021
6 CMC § 1704. Misuse of Financial Instruments.
(a) [omitted]
(b) [omitted]
(c) A person who, willfully and with the intent to defraud, signs, issues or passes a check,
marker, or similar sight order for the payment of money, to obtain:
1) money;
2) property;
3) services;
4) a valuable benefit, or
5) the extension of credit in a business or consumer transaction or in a transaction
with a casino licensee in any Senatorial District in the Commonwealth
drawn upon any real or fictitious person, bank, firm, partnership, corporation or
depositary, when the person has insufficient money, property or credit with the drawee of
the instrument to pay it in full upon its presentation commits an offense of theft.
(d) In a criminal action arising out of or based on a violation of subsection (c) of this section,
the intent to defraud or engage in theft and knowledge that the casino credit instrument,
check or other similar sight order for payment will be dishonored or not paid is presumed
to exist if:
1) the instrument is drawn on a purported account which does not exist; or
2) [omitted]
3) [omitted]
This presumption is not conclusive but is proof of intent and knowledge which can be
rebutted by the drawer or maker. This subsection shall not apply to any post-dated check,
post-dated marker, or other similar sight order for payment which is post-dated.
(e) [omitted]
(f) With respect to any criminal action arising out of or based on a violation of subsections
(c) or (e):
1) [omitted]
2) [omitted]
3) [omitted]
4) [omitted]
5) A conviction under either subsection (c) or (e) shall be punishable by 6 CMC §
1601(b). In addition to any other penalty, the court shall order the convicted
person to pay restitution.
6) [omitted]
2022 CNMI Mock Trial Case -8- Version 1.0. November 10, 2021
Witness Statements
Prosecution Witness Statements
Kevin/Kelly Kahn, Forensics, Fingerprint Analyst
1 The name’s Khan. Kevin/Kelly Khan. I’m proud of my name: Khan. Why, you ask? It’s
2 such a great name. Powerful, like Genghis Khan. Or Khan Noonien Singh. There’s also the
3 Pokémon Kangaskhan, which has the same sound as “Khan,” and is a great choice for Mega
4 Evolution. Khan is just one letter from “Khal” like Khal Drogo. George R.R. Martin, when are
5 you going to finish Game of Thrones?
6 I’m passionate about books. I was brought up on detective novels—the real classics.
7 Agatha Christie, Sherlock Holmes, the works. Admittedly, there were only so many things to do
8 on Rota when I was growing up. Still the same now. You could go fishing or swimming or
9 diving, and I guess I used to enjoy that. But after my uncle drowned, the water lost its luster for
10 me.
11 After he died, I spent more time staying indoors and reading old books at the library.
12 What a big world was in those books, and me on such a small island—I got a little frustrated, I
13 guess. In my teens I became quite the hellion—the Terror of Songsong they called me. I mean, I
14 didn’t do anything really terrible. I once accidentally started a fire on my family’s farm, but
15 thankfully it started raining real hard and the rain put out the fire. I had been partying a little too
16 much, and I think I passed out. I don’t remember that night very well. I was a little wild when I
17 was young, but I grew out of it. I still like a cold beer or two now and then, but who doesn’t?
18 My father ran the farm and my mother was an elementary school teacher. They’re fine
19 people, but I didn’t care for farming and I don’t have the patience to deal with kids, so I wanted
20 to do something else. When I was growing up, I always wanted to be a detective or an admiral.
21 Why a detective? Well, I already said how much I loved mysteries and whodunnits. Why an
22 admiral? The Rota Public Library also had lots and lots of books about the war. I don’t
23 remember everything nowadays, but there was a time when I could I map out the whole Pacific
24 Campaign blindfolded.
25 After my uncle died, the whole navy business seemed less exciting. Only my dream of
26 becoming a detective remained. My grades during my first two years of high school were pretty
2022 CNMI Mock Trial Case -9- Version 1.0. November 10, 202127 shaky, but I pulled things together. I was still interested in the military and figured I didn’t have
28 to do the navy, so I spent 5 years in the Army after high school.
29 I trained in artillery. I was mostly on Guam and Japan. I didn’t ever see any action, which
30 was disappointing, but then, no one ever shot at me, so it was basically a wash.
31 After I left the service, Uncle Sam paid for my education in forensic science at
32 Chaminade University in Hawaii. I lived in Hawaii for six years after graduating. I worked for
33 the Honolulu Police Department doing forensics. After a few months, I found I really liked
34 fingerprinting. It’s the challenge, you know, of carefully taking the prints and matching them
35 against records.
36 Life happens. Got married, got divorced. Then I got tired of my boss. She said I drank too
37 much, and I told her that she sounds like my ex. She didn’t react well to that little comment.
38 Some people are just overly sensitive—you take a few sips of the good stuff at work, and
39 suddenly people are complaining and calling you an incompetent drunk. I know my limits. I can
40 handle myself.
41 Me and my older sister are real close, and I figured I’d be happier if I headed back to the
42 Commonwealth. She’d moved to Saipan a while back and there aren’t many jobs on Rota for
43 people like me, so I set my eyes on Saipan. One of my sister’s friends worked at the police
44 department and she was kind enough to put in a good word for me. So I’ve been doing
45 fingerprinting here for the past four years. My new boss is great—he’s smart and knows I work
46 best when I’ve had a drink or two. It keeps me calm, keeps me focused. How different is it from
47 a morning cup of coffee, really? To each their own.
48 I know who Damien/Damiena Dela Cruz is. I don’t really know him/her well, but we’ve
49 chatted a handful of times over the past few years. They’re not a drinking buddy, but we seem to
50 drink at the same establishments. Me, I’m not some loudmouth; when I drink, I think, I don’t
51 talk. Dela Cruz is different. S/he gets very animated when s/he is liquored up. I’m not impressed
52 with people like that. It shows a lack of self-control.
53 Dela Cruz talks big when s/he’s in his/her cups. Usually blabbing about how they’re
54 going to be rich and successful someday. When I see him/her out, Dela Cruz is usually with
55 some arm candy of some kind. Maybe his/her boy/girlfriend, I wouldn’t know. But I guess s/he
56 is trying to impress them. A real braggart. S/he does have their own boat, but I hear it was just a
2022 CNMI Mock Trial Case -10- Version 1.0. November 10, 202157 hand-me-down from his/her cousin or something, not anything Dela Cruz actually paid for
58 him/herself.
59 Now, when I first heard about the Beach Road tank theft, I was hopping mad. Furious.
60 It’s like someone spat on my uncle’s grave. I love the Northern Marianas. I love history. I love
61 World War II. Yeah, it was terrible that it happened, but you know what I mean. I took this crime
62 as a personal insult. I swore that I’d get to the bottom of it.
63 I was called to the scene of the crime shortly after the police learned of the incident. I
64 looked for fingerprints—you know, the Beach Road tank is just right beside the footpath, so
65 anyone can walk right up and touch it. So, I found a bunch. Some appeared to be relatively
66 recent, others more faded. I didn’t find the prints of anyone involved in this case. I did see that
67 there was some mud on top of the tank that looked out of place. It had been raining the day
68 before the theft was discovered, so I figure that whoever stole the gun barrel had muddy shoes
69 which deposited the mud on the tank, but there was no clear footprint.
70 It wasn’t too long before Officer Manibusan found the gun barrel on Dela Cruz’s ship.
71 Personally, Officer Manibusan and I don’t really get along, but whatever, we’re professionals. I
72 can’t say s/he is bad at his/her job. I was called to Dela Cruz’s ship and scoured the whole thing
73 for fingerprints. Obviously, I found a lot from Dela Cruz. No surprise there. I did find other
74 people’s fingerprints. Some belonged to Sam Sablan. They seemed to be fairly recent. I know
75 Dela Cruz and Sablan were an item until recently, so that’s not surprising either.
76 The real meat of the story is the gun barrel of course. I’ve heard that some people seem to
77 think it’s a good luck charm, so there were actually fingerprints from a few people on it. Sablan’s
78 fingerprints were on it, but so were Dela Cruz’s.
79 People have been using fingerprints for crime-solving for over 100 years. It’s a tough job,
80 and not everyone is up to the task, but I’m an expert in the field if I say so myself.
81 The basic idea of forensic fingerprint analysis is simple. Everyone has unique
82 fingerprints, even so-called identical twins. When you take prints from a crime scene, you
83 examine them real closely and compare them to prints which you know the source of.
84 Fingerprints are composed of friction ridge patterns: loops, whorls, and arches. Loops are
85 the most common patterns, and they look like looped curves that point back to the radius bone or
86 the ulna bone. Whorls are circular or spiral-shaped, and arches are wave-like patterns. Experts
2022 CNMI Mock Trial Case -11- Version 1.0. November 10, 202187 like me examine these friction ridges, compare them, and confirm matches based on the amount
88 of similarity between the prints.
89 For the longest time, we would take a person’s fingerprints by putting ink on their fingers
90 and rolling them onto a piece of paper. That’s what I was originally trained to do, and it’s still
91 quite common. But recently, we’ve started using digital scanners, which are more accurate and
92 less messy. We used digital scanners to get Dela Cruz’s and Sablan’s fingerprints.
93 The real challenge is getting high-quality prints from the crime scene. If you’re lucky, the
94 prints will be visible because of some substance like mud or blood that was on the perpetrator’s
95 fingers, but that’s rarely the case. Most of time you only get latent fingerprints, which are the
96 kind that are left behind because of the natural oils our skin excretes. You use dusting to expose
97 them. There are a few other methods, depending on the exact conditions. Sometimes you can use
98 certain chemicals.
99 All the fingerprints in this case were latent fingerprints. The quality of the fingerprints
100 found on the boat are excellent. The quality of the fingerprints on the gun barrel are definitely
101 worse, but still clear enough for someone with my experience to make a match. I’m no rookie at
102 dactylography – I’ve been doing this for years. I’m confident that both Dela Cruz’s and Sablan’s
103 fingerprints are on the gun barrel.
104 I hear Dela Cruz is blaming Sablan for the theft. Who can say? My cousin knew someone
105 who dated Sablan before, and my cousin said that they said that they wouldn’t put it past Sablan
106 to try something reckless like this. My cousin’s usually right about things like this, but if you ask
107 me, I still think Dela Cruz did it. They’ve always rubbed me the wrong way. I mean, a lot of
108 people get on my nerves, but Dela Cruz does more than most. I figure s/he was tired of just
109 talking about getting his/her hands on some dough and finally decided to act.
110 Whoever did it, they’re going to pay big. No one messes with this island’s history and
111 gets away with it.
112 WITNESS ADDENDUM
113 I have reviewed this statement and I have nothing of significance to add at this time. The
114 material facts are true and correct.
Signed:
/s/
Kevin/Kelly Khan
2022 CNMI Mock Trial Case -12- Version 1.0. November 10, 2021Marty/Martha Manibusan, Police Officer, CNMI Department of Public Safety
1 My name is Martha/Marty Manibusan. I have been working with the Commonwealth of
2 the Northern Mariana Islands Department of Public Safety since 2002. I was first hired to the
3 Boating Safety Section of the Department, where I worked until 2010. Since 2010, I have been
4 an officer in the Patrol Section.
5 As a Boating Safety Section officer, I patrol the beaches and tourist sites to ensure a safe
6 environment for tourists and community members. I also conduct safety equipment inspections
7 on registered boats and jet skis. As part of my former job as a Boating Safety officer, I received
8 diving certification from the National Association of Underwater Instructors and from the United
9 States Department of Homeland Security Emergency Management Institute. In 2010, I
10 transferred to the Patrol Section of the Department of Public Safety, where I have been working
11 ever since. Now that I am a Patrol Section officer, my duties are to respond to calls for police
12 assistance and conduct patrols of villages and neighborhoods.
13 Throughout my time as an officer, I have investigated numerous criminal incidents. I am
14 experienced in criminal theft investigations, as my first one was back in 2002. I have responded
15 to more than 50 theft incidents in my time.
16 I am a lifelong resident of the Commonwealth. I was born in Saipan in 1982. I graduated
17 from Kagman High School in 2000. I then attended Northern Marianas College. Initially, I
18 wasn’t sure what to study. I wanted a career that would give me steady employment and benefits,
19 but I couldn’t imagine myself working in an office all day. I decided that I wanted to serve my
20 community and work as a police officer, so I pursued an Associate’s Degree in Applied Science
21 in Criminal Justice. I graduated from NMC in 2002 and was then hired by the Department of
22 Public Safety and later completed the Police Academy. I love the CNMI and its people, and I am
23 committed to serving the Commonwealth.
24 I was initially interested in working in the Boating Safety Section because I have been a
25 lifelong water sports enthusiast. I learned to swim at a very young age and I have been
26 windsurfing and fishing off the coasts of the CNMI my entire life. I loved the fact that working
27 in the Boating Safety Section gave me the chance to work out on the water while also being
28 engaged in public service. Eventually, I was given the opportunity to transfer from boating to
29 patrol.
2022 CNMI Mock Trial Case -13- Version 1.0. November 10, 202130 I was the lead patrol officer involved in the discovery of the stolen tank gun on the boat
31 owned by Mr./Mrs. Damien/Damiena Dela Cruz. On October 3, 2021, I was patrolling the docks
32 at the Smiling Cove Marina. I have been conducting consistent patrols of Smiling Cove ever
33 since I was an officer in the Boating Safety section. Even after I was promoted to patrol, I
34 continued to conduct boat and safety surveillance at Smiling Cove due to my experience with the
35 Marina, its staff, and its procedures. Of all the officers, I have the most experience with Smiling
36 Cove.
37 Prior to my patrol duties that night, I had heard rumors about the missing tank gun. I
38 knew that there were suspicions that the tank gun had been stolen. At that time, I did not know
39 about any potential leads on the location of the tank gun.
40 At around 9:30pm on October 3, 2021, I was stationed inside my vehicle at the Smiling
41 Cove Marina parking lot. It was dark, but the parking lot is well lit and it is easy to see. I had the
42 windows rolled down because it was a nice evening and also so I could hear any disturbances. At
43 around 10:15pm, I heard a loud noise coming from the direction of the docks. It sounded like a
44 single, metallic, clanging noise coming from the direction of the westernmost dock. This was
45 followed, after about 10 or 15 seconds, by a loud splashing sound. It sounded like something or
46 someone may have fallen into the water. I was just about to exit my vehicle and walk towards the
47 dock to investigate the source of the noise when I heard what sounded like two people
48 conversing, loudly. Their voices sounded like they were coming from the same direction as the
49 clanging sound and the splash. I was not close enough to hear what they were saying, but, from
50 the tone of their voices, it sounded like they were agitated and stressed out.
51 I exited my vehicle and closed the door. As soon as I started walking towards the source
52 of the noises, the voices ceased. I turned on my flashlight and called out, “is anybody in need of
53 assistance down there?” There was no response. Still, I thought that there was a chance someone
54 could need help, so I decided that it was worth investigating further. I began to walk down the
55 dock. As I neared the end of the dock, I noticed that one of the boats was rocking from side to
56 side, unlike any of the other boats around it. This struck me as unusual, because the water at the
57 marina where the boats dock is usually always calm. The boat swaying was so strong that it
58 looked to be in danger of hitting the dock.
59 I proceeded to walk right up to the swaying boat. I first shined my flashlight down at the
60 water around the boat, to make sure no one was in the water who needed assistance. I did not see
2022 CNMI Mock Trial Case -14- Version 1.0. November 10, 202161 anyone. Then I shined my flashlight at the exterior of the swaying boat and scanned the deck,
62 which were all in plain view from the dock. I recognized it as a Boston Whaler, with an enclosed
63 cabin as well as an open seating area. I noticed that all of the chairs had been removed from the
64 deck of the boat, which also struck me as very odd. I also noticed that the boat was poorly tied to
65 the dock, as if someone had done it in a hurry. I was beginning to suspect that this boat had been
66 the source of the noise. I also suspected that the voices that I had heard when I was in the
67 Smiling Cove parking lot had been coming from this boat.
68 As I shined the flashlight on the exterior of the boat more closely, I noticed that there was
69 a large, noticeable crack in the glass of one of the windows of the enclosed cabin. At this point, I
70 suspected that there could be criminal activity. I also suspected that the two individuals I heard
71 earlier talking loudly knew I was coming because they left as soon as I began walking towards
72 the boat.
73 I wondered whether the individuals were nearby, so I called out, “is there anybody inside
74 the cabin?” There was no reply. I asked again in a louder voice, but again, there was no reply. I
75 thought it was possible that the individuals had left in a different boat or that they were hiding
76 nearby. I scanned the water again with my flashlight, but I did not see anyone. I heard nothing
77 that sounded like a boat leaving the vicinity at any point during this time.
78 I was concerned that, if I left the boat, these individuals would return to remove any
79 evidence of criminal activity. Since it was nighttime, the courthouse would have been closed and
80 it would not have been possible for me to obtain a warrant to search the boat until the next day. I
81 did not want to leave and run the risk that evidence of criminal activity would be lost.
82 I decided to enter the boat to investigate the crack in the window. With my flashlight in
83 one hand, I boarded the boat. After I got onto the deck of the boat, I walked towards the broken
84 window and shined my light directly on it. It was a fairly large crack, probably about 8 inches in
85 length, running from the top of the window nearly to the bottom. With the light flashing into the
86 window, I noticed an object on the floor of the cabin. This object was approximately one and a
87 half feet long and was dark yellow in color. It looked like a pipe. Next to it were shorter bits of
88 metal with the same color that appeared damaged.
89 Immediately, I realized that this object matched the description of the stolen tank gun. As
90 an officer and a lifelong resident of Saipan, I had walked past the gun many times and was very
2022 CNMI Mock Trial Case -15- Version 1.0. November 10, 202191 familiar with its appearance. I also knew that it had likely been stolen and that officers had been
92 requested to keep a lookout for any leads.
93 Suspecting that this was the stolen tank gun, I attempted to open the door to the cabin, but
94 it was locked. I radioed for backup, and I got in touch with Police Chief Vicente, who stated that
95 she would dispatch three officers to the scene immediately. I waited on the deck of the boat for
96 approximately 15 minutes until these officers arrived. They came equipped with a hydraulic jack,
97 which is what our department customarily uses for breaking locked doors. They broke open the
98 cabin door and then we went inside.
99 I was the first officer to enter the cabin, and I shined my flashlight directly onto the
100 object. I also knelt on the ground next to the object so that I could examine it more closely. The
101 other officers confirmed my suspicion that this object matched the description of the stolen gun.
102 As I was examining the object, I was careful to make sure that I did not touch it.
103 Being careful not to disturb the object or anything else in the cabin, the other officers and
104 I made a brief visual sweep of the interior. On a nearby desk, we found a note referencing the
105 tank gun, addressed to a Mr./Mrs. Damien/Damiena Dela Cruz. We left this note untouched. As
106 we were conducting this sweep, we radioed for a forensics team to come to seize the tank gun
107 and the note and to make a more thorough investigation of what seemed to be the scene of a
108 crime. At this time, we exited the boat to minimize the risk of disturbing any physical evidence.
109 The forensics team arrived at the Marina approximately 35 minutes later. They roped off
110 the area immediately surrounding the boat. At this point, I noted that the area was secure. Since
111 I’d been relieved by the other officers, I left the scene for the night.
112 WITNESS ADDENDUM
113 I have reviewed this statement and I have nothing of significance to add at this time. The
114 material facts are true and correct.
Signed:
/s/
Officer Marty/Martha Manibusan
2022 CNMI Mock Trial Case -16- Version 1.0. November 10, 2021Samuel/Samantha Sablan, Mechanic at M ’n S Auto Repair
1 I am Samantha / Samuel Sablan. I grew up here on Saipan, in Kagman, then Susupe. My
2 family moved to Hawaii for my mom’s work just before I started high school. We moved back
3 when I was in 10th grade, around Thanksgiving. Other than that, I’ve spent my whole life here.
4 I went to the Northern Marianas College and I got my Associate of Applied Science
5 (A.A.S.) degree in Business Administration, with an emphasis on Computer Applications. I
6 graduated in 2018. I applied to the University of Hawaii to get a Bachelor’s in Applied Science
7 (Information Security and Assurance), but I didn’t get accepted. I’m not sure why, because I had
8 pretty good grades. Once I save up a bit more, I will probably try applying again.
9 I’m now living with my parents in San Antonio. It’s a little cramped, but we get along
10 alright enough. One of my uncles has a car repair shop, so I’ve been working for him to save up
11 some cash. I didn’t know anything about cars at first—I don’t have my own car, or even a
12 driver’s license—but you could say that I’ve always been a tech and machinery nerd. I caught on
13 quickly. I know my way around the simple stuff: oil changes, tire rotations, engine tune-ups,
14 basic things like that.
15 I do a lot of the administrative work for my uncle too, arranging the appointments for the
16 customers, keeping track of accounting, and stuff like that. I set up the tools, clean them, keep
17 things organized, make sure the orders for parts are on track, pretty much whatever he needs me
18 to do to keep things running smoothly. He lets me work on a flex schedule. When I can’t come in
19 during the day, I can make up my time by doing work at night.
20 My uncle’s shop closes at 5pm, but there’s always something to take care of after closing,
21 like making sure the money adds up, checking over the tools, or making sure all the orders are
22 moving along as scheduled. I usually help my uncle by working on those sorts of jobs after he
23 goes home for the night. Sometimes there’s work to be done on the cars if the shop was really
24 busy during the day.
25 I know the defendant, Damien/Damiena Dela Cruz, from awhile back. We were
26 classmates in elementary school and in junior high school. We dated on and off since middle
27 school. We had a long-distance thing going on for a while when I was in Hawaii, but we’d break
28 up and get back together all the time. We were taking a break just before I moved back to
2022 CNMI Mock Trial Case -17- Version 1.0. November 10, 202129 Saipan. Once I got back here though, we got right back into our usual pattern. I have lost count
30 how many times we’ve broken up. Anyone who knows us knows this about us.
31 There was a period of time that me and Damien/Damiena thought we were going to get
32 married. My parents thought it was a terrible idea, but we had been having a really good few
33 months together, without any fights. It was during last year when we started talking about long-
34 term plans together, and that’s the time when Damien/Damiena convinced me to buy a boat with
35 him/her. S/he thought it would be a good business opportunity, since we both fish and s/he
36 collects rare ocean stuff to sell to tourists. S/he also said we’d save money on trips to Tinian and
37 Rota if we had a boat with a cabin. S/he also offered to teach me how to drive it, since I’d been
38 wanting to learn. So, I agreed to co-sign, and the money I’d been saving for Hawaii went to the
39 boat instead. Then of course it all went to hell a few weeks after that, and we got back into our
40 usual routine of breaking up and getting back together again.
41 Our relationship was really taking its toll on me. It was like I couldn’t do anything right.
42 Everyone who knows Damien/Damiena knows that s/he gets jealous easily, so I felt like every
43 time I wanted to hang out with friends, I had to brace myself for another fight. It wasn’t just that,
44 though. Everything was just adding up. We were trapped in the same pattern. I knew my family
45 didn’t approve of our relationship, and I was sick of the drama. I hated the constant, endless
46 drama.
47 The theft happened just a few days after I had broken up with Damien/Damiena for the
48 final time. I was serious this time. I was done.
49 On the day before the incident, I told my uncle that I was going to take the next few days
50 off to recharge. Damien/Damiena texted me about going to Rota together during my time off—
51 ignoring the fact that I broke up with him/her—and I got really angry. S/he has always been a
52 terrible listener, except when it suited him/her. S/he asked if I was “cheating again” and I saw
53 red. I have never cheated on him/her; anytime I’ve dated anyone else, it was when we were on a
54 break. And who was s/he to accuse me of cheating? I’m not the only person in the relationship
55 who saw other people, and at least when I did it, it was during our breaks. I was also angry
56 because I’d been clear: “leave me alone.” What part of that message was confusing him/her?
57 We had another fight, and then s/he started blowing up my phone. S/he wanted me to
58 return the keys to the boat “if” I was “actually serious this time” about breaking up. I know s/he
59 thinks I had the keys, but I have never had my own copy of them. Apart from me co-signing for
2022 CNMI Mock Trial Case -18- Version 1.0. November 10, 202160 it and putting up some of the money, the boat was Damien/Damiena’s. I probably should have
61 gotten my own set of keys, but I never bothered. Damien/Damiena never offered to teach me
62 again, so if I couldn’t even use the boat, what was I going to do with the keys?
63 The day of the incident, I was still really angry at him/her. Damien/Damiena must have
64 been too, to just stop texting me right after a fight. That almost never happens. I got suspicious
65 because s/he’s pretty persistent when s/he wants something. I went back to my uncle’s shop,
66 even though I was technically still on vacation. I was going to help work on some of the cars, but
67 at that time we only had a few cars in the shop that were still waiting for shipments of parts.
68 My uncle’s shop is near the tank—you can see it from the front windows—so I think
69 that’s part of why Damien/Damiena chose it as the target. I can’t believe that I wasn’t at least
70 part of the motive. Damien/Damiena would know that the tank is visible from the shop, and s/he
71 can’t stand it when I’m not paying attention to him/her. Anyway, I was in my uncle’s shop when
72 I noticed something out on the water. I didn’t have my contacts in, but I saw what looked like a
73 kayak or a canoe and a figure rowing it out near the shore. It was moving weirdly, so at first I
74 thought the person was just really bad at canoeing. I’m not completely sure if there was only one
75 person or multiple people. It looked like a canoe that could hold a few people, and there seemed
76 to be something or someone in the other seats, but I couldn’t see if they were moving or not.
77 There was a lot of side-to-side motion, and the canoe looked sort of wobbly. I didn’t think much
78 of it at first, but I looked up again when I saw something flicker and light up. It must have been
79 near where the tank was. It was near dusk and getting dark, so the light from what looked like a
80 blow torch stood out even more. Even then I didn’t think to call the police, because who would
81 think someone’s using a blow torch after getting out of a canoe? I just thought it was a drunk guy
82 with a sparkler or something. I’ve seen weirder things when tourists are in town.
83 I didn’t see the canoe leave; by then I wasn’t paying attention to the person at all. I was
84 just doing other things in the shop. I’m not sure how much time passed—maybe 15 minutes or
85 so—and I looked out the window again, because I saw Damien/Damiena car drive by really
86 slowly. For a second, I thought s/he was stalking me at work, but s/he didn’t stop. S/he was
87 going way under the speed limit though, so I though s/he is trying to harass me, was plain drunk,
88 or doing something else stupid. I thought about calling him/her, but decided not to, because I
89 didn’t want to start up our fight again, and if s/he was trying to harass me, I didn’t want him/her
90 to know it was working.
2022 CNMI Mock Trial Case -19- Version 1.0. November 10, 202191 I finished putting the tools away and checking the ledger, and I started getting ready to go
92 back home. This was probably an hour after I saw Damien/Damiena’s car drive by, but I’m not
93 really sure about the timing. By this point it was dark, so I had no idea that the tank gun was
94 missing, but I had a bad feeling about Damien/Damiena driving by earlier.
95 Later I heard about the missing tank gun on the news. The police were looking for it, and
96 my uncle had to close his shop because of the traffic and the police presence. It all just clicked
97 for me—I remembered seeing Damien/Damiena’s car heading the wrong direction to be going
98 home. S/he lives south of my uncle’s shop, but s/he was heading north when s/he drove by. I
99 guess s/he was heading to where the boat is usually parked.
100 I decided to go check out the boat, just to see if s/he had gone to Rota by boat without
101 me. When I got there, the boat was still parked in its usual place. It looked really muddy and
102 scratched up.
103 I couldn’t shake my bad feeling, so I went on the boat to look around. I know that going
104 onto the boat wasn’t the safest thing to do, and maybe not the smartest either, and I knew
105 Damien/Damiena would be angry if s/he knew I looked around, but it’s basically my boat too. I
106 paid for at least part of it—it’s my right to be on it if I want to. And it wasn’t even locked, so
107 anyone could have gone inside.
108 I went inside the cabin area. That’s where I saw the tank gun—it was on the desk next to
109 the bed. I was completely shocked. I had no idea what to do at first—I thought this had to be
110 some sort of prank, so I picked it up. I mean, I don’t know how s/he would have made some fake
111 replica just to prank me, but I just couldn’t process that it was real. When I felt it, it was heavy,
112 but still, it just didn’t register. This couldn’t be the thing that the police were swarming all over
113 trying to find. Then I saw the note on the desk, the one about selling the tank gun for $20,000 or
114 $200,000 or whatever, and I started to panic. My name is on this awful boat, too.
115 I didn’t touch anything else, and I immediately ran off the boat after that. I tried calling
116 the police, but my phone was out of battery, so I drove back to my parent’s place in San Antonio
117 and called the police from there. I think the police had already found the tank gun on the boat by
118 the time I called them. They didn’t seem surprised when I called them and told them about
119 finding it there. They asked me who owned the boat, and I had to tell them it was co-owned by
120 me and Damien/Damiena. They asked me to come down to the station to speak with them.
2022 CNMI Mock Trial Case -20- Version 1.0. November 10, 2021121 I went in for an interview with them, and at first, they clearly thought Damien/Damiena
122 and I were working together. After the police finished talking with both of us, they realized we
123 wanted nothing to do with each other. I told them everything that happened, from my breaking
124 up with Damien/Damiena to me finding the tank gun. I also showed them my phone with the
125 texts between me and Damien/Damiena. They also asked for a copy of the boat registration,
126 which I didn’t have. They also asked me to draw out a map of where I saw the canoe, where my
127 uncle’s shop is, and where the boat was.
128 WITNESS ADDENDUM
129 I have reviewed this statement and I have nothing of significance to add at this time. The
130 material facts are true and correct.
Signed:
/s/
Samuel/Samantha Sablan
2022 CNMI Mock Trial Case -21- Version 1.0. November 10, 2021Defense Witness Statements
Antonio/Antonia Alvarez, Handwriting Analyst
1 I am Antonio/Antonia Alvarez, a Document Examiner. I have examined over 700
2 documents. I live in Santa Monica, California, where my laboratory is also located. I have served
3 as an expert witness in the courtroom and in depositions before. I served as an apprentice to a
4 renowned Document Examiner, and I studied Forensic Document Examination at the
5 International School of Forensic Document Examination. In addition, I also have background in
6 real estate and psychology, and I am a Public Notary.
7 I do not know Mr./Ms. Sam Sablan personally, nor anyone else associated with this case,
8 but I am confident in saying that Mr./Ms. Sam Sablan wrote the note that was found near where
9 the tank gun was found.
10 First, I will give a brief overview of the equipment I use. My laboratory is well equipped
11 to handle forensic handwriting analysis. I own a number of handheld digital microscopes with
12 ranges of 4X – 10X, 3.7X – 54X, 60X – 250X, MiScope Megapixel 2/ 5X – 124X with extended
13 views and filter wheels. I also have numerous magnifying apparatuses, portable and non-
14 portable, as well as a high-resolution flatbed scanner/copier/fax machine. I have a light table, a
15 Nikon COOLPIX 35 mm digital camera, numerous protractors and metric measuring devices,
16 and finally, UV, black, and infrared lights with their supporting computer programs.
17 I use the microscopes and magnifying apparatuses to examine handwriting samples in
18 detail. The protractors and measuring devices are used to take detailed measurements of
19 handwriting, including the angle of individual letters or lines and the depth of the lines in the
20 paper indicating the amount of pressure used. The light table and the UV, black, and infrared
21 lights are used to find other notable markings on the paper that could be missed by the naked
22 eye. The digital camera and scanner are used to make high-quality copies when I cannot obtain
23 originals to examine in my lab.
24 To break down what I do in simple terms, I first examine a known sample of handwriting
25 from a person. I look at it first with the naked eye, to note the distinctive features of the person’s
26 writing style. I take note of what the writing sample is—is it a signature, a hastily-scribbled note,
27 a carefully written love letter—and factor that into my initial analysis of the person’s writing
2022 CNMI Mock Trial Case -22- Version 1.0. November 10, 202128 style. High-quality writing samples will show a natural range of variability and will be long
29 enough to show enough repeating patterns for analysis.
30 I then use different levels of magnification to see what other factors of a person’s
31 handwriting style are consistent. For example, does the angle of their “T’s” and “F’s” match, or
32 is one more steeply angled than the other? Internal consistencies are thus used to compare to
33 unknown samples or writing. I also scan samples to take more detailed measurements through
34 the computer—software can provide multiple data points for me to compare, though I do not rely
35 on software alone.
36 In an ideal situation, I would have multiple, known handwriting samples from a person,
37 preferably written in different situations and from different times. If I am able to compare a note
38 that is hastily written versus a carefully-penned report, I am better able to determine which
39 features of the individual’s handwriting do or do not change based on the circumstances.
40 After I have a baseline data set on a specific individual’s handwriting style, I then look at
41 the document or documents in question. I calculate the number of areas of similarity, significant
42 similarity, dissimilarity, and significant dissimilarity in the writing styles. With these
43 calculations, I then determine whether the data show a match between the handwriting styles,
44 and the degree of certainty I have in my assessment.
45 In the realm of handwriting identification, there are terms of art in classification.
46 “Identification” is used for the highest degree of certainty that a person did write a document,
47 while “Elimination” is the highest degree of certainty that a person did not write the document.
48 The category of “Inconclusive” means the lowest degree of certainty, where there is either
49 insufficient data to draw a conclusion, or the points of similarity and dissimilarity between the
50 samples are statistically similar.
51 In this case, I was not able to obtain the original copy of the note for a full inspection, but
52 I was able to obtain a high-quality scan of the document.
53 Before examining the note, I was given two sets of handwriting samples to examine. One
54 set of documents was written by Defendant Damien/Damiena Dela Cruz, and the other set was
55 written by Mr./Ms. Sam Sablan. I purposefully asked to be given the samples without the
56 associated names, so I labeled one Set A and the other Set B.
2022 CNMI Mock Trial Case -23- Version 1.0. November 10, 202157 The samples I was given contained a mix of handwritten documents, high-qualify scans,
58 and low-qualify scans. I had a greater amount of material for Set A, which was from Defendant
59 Damien/Damiena Dela Cruz.
60 After getting baselines for Set A and Set B, I then compared both to the note in question.
61 The slant of the letters L, T, F, and D were significantly similar between the note and the
62 handwriting from Set B (Mr./Ms. Sam Sablan). The shape of lower-case vowels was notably
63 similar between the note and Set B, especially the letter O which was significantly similar. The
64 straightness of the written lines was also notably similar between the note and Set B.
65 I could not determine the degree of similarity in written numbers, as the samples I had
66 which included numbers were all low-quality scans. Additionally, some details were lost in the
67 note. The pen-pressure was not possible for me to measure, due to a lack of access to the original
68 note. The state of the note (water damage, crumpling, and etc.) also hindered my ability to
69 identify and quantify each part of the note.
70 Even with these limitations, I am confident in stating that there is a Strong Probability
71 that Mr./Ms. Sam Sablan did write the note, which is the category just one step below
72 “Identification” as to my degree of certainty. I found multiple areas that showed significant
73 similarities between the two samples, and no areas of significant dissimilarity.
74 I am also confident in saying that Defendant Damien/Damiena Dela Cruz did not write
75 the note, and s/he can be eliminated as a potential writer of the note. I had access to several
76 handwriting samples from Mr./Ms. Dela Cruz, including samples from more than 3 years before
77 this current incident. I was able to use my standard tools, including microscopic examination, of
78 the distinct characteristics of Mr./Ms. Dela Cruz’s handwriting, and no significant similarities
79 were found. The writings were substantially dissimilar to the handwriting in the note. Even
80 without full access to the original copy of the note, I had enough time and access to his/her
81 writing samples to disqualify Mr./Ms. Dela Cruz as the potential writer of the note.
82 WITNESS ADDENDUM
83 I have reviewed this statement and I have nothing of significance to add at this time. The
84 material facts are true and correct.
Signed:
/s/
Antonio/Antonia Alvarez
2022 CNMI Mock Trial Case -24- Version 1.0. November 10, 2021You can also read
