Beginning with my June 2008 post "It's Been Five Years," the following is the continuing story of my travels from the United States into Micronesia ~ Pohnpei, Guam and Saipan ~ and my life since June 2003.
Monday, September 8, 2003 ~ Pohnpei
Another very interesting morning attending the Law of the Sea course. I missed the afternoon session, because I was in court for the first time since I've been here. I've filed pleadings and the like, but this is the first time I've been in court itself for a hearing. Dressed in an Aloha shirt and sandals. Gotta' love it. The judge didn't wear robes, but he did wear something reflecting his position that's their equivalent.
This is the case I think I've shared a little bit about already. When the guy was 29 (not 17 as I've written before), he killed two guys with a diving knife. Having now seen how easy it is to kill a pig, I can see how it might not be difficult to kill a man if you're drunk and have, shall we say, anger-management issues.
Six years on one charge, ten on the other, to run consecutive for 16, plus another few years to run concurrent on a possession of a dangerous weapon while drunk charge. Then, in 1989, he assaulted another inmate with a machete' and got three more years to run after the 16, for a total of 19. He'd been denied for parole twice before. As of today, he's been in 17 yrs., seven months. Not much to us for a double-murder perhaps, but it is a long time to them. He's 46 now. He'll be eligible for consideration after serving 1/3 of his sentence.
Since the last denial of parole, he's really turned his life around in prison, and become a model prisoner, the only trustee they have, helping other inmates with grievances, etc. So, we didn't oppose it. And all I said during the hearing was "no questions, your Honor."
But it was such a fascinating thing to be part of. In the States, victims' rights groups and get-tough prosecutors oppose parole, victims and their families want to attend and be heard at sentencing and parole hearings. Big controversy in the states about whether to allow it, or whether it's too prejudicial to permit victims to be involved in that way, especially before juries (which they don't have here). Here, with the culture the way it is, it's totally different. Totally. As I've said before, there's a built in parole system, with family and clan leaders taking responsibility for him and keeping him on the straight and narrow, helping him to adjust and become a contributing member of society.
First, the defense put on the guy's cousin, a "traditional" leader in the family, rank not really understood. He testified, that he wanted Youper Primo back, that he would watch out for him, help him as best as he could, etc.
Then, an older brother was put on the stand, who said the same kind of thing. Also has a title, not sure what. I've already written about the N'marki and the Naniken (sp?), which, in western terms are the equivalent of king and prime minister in terms of duties, rank, privileges. This guy's traditional title/rank was somewhat the equivalent, but at the level of village chief.
The village chief was put on next, 71 years old, responsible for 170 people in the village (which, by the way is in Awak, in U, the municipality where I live, and where Primo will come to live, with his mother and sisters and brothers). He testified about similar things.
There's was a fourth witness, a police captain from the jail, who testified how Primo had become a model prisoner, and how he supported parole.
Now, the public defender asked a lot of questions she had prepared on paper. I didn't ask any. The judge asked a lot of questions of the witnesses. "If I grant parole, what conditions should I impose? Should I order him not to drink? How much and what kind of work should I require him to do?" Primo's plan was to work his land, so he could feed his family and help the community. Working the land or being a fisherman is very important here. The judge asked the village chief how much he should order Primo to plant per day. The chief said 5 yams. That seemed reasonable to everyone, so it must be a lot of work. I have no idea.
Something else the judge was very interested in was customary apologies and whether there would be any tension between the families of Primo and the victims. Here, when someone commits a crime or offends someone, his family goes to the victim's or offended's family and makes a formal ceremonial apology. All that's already been done, long ago. And the victims and their families support the idea of letting him out on parole. Could you imagine me assaulting or killing somebody, and your family having to come apologize to the victim's family? Without it, clan warfare and revenge killing would just escalate. It'd never work in the states, but these people are onto something. The Hatfields and McCoys wouldn't know what to do here. And I wonder how the story of Romeo and Juliet would have turned out if Juliet's family went and apologized after Mercutio was killed.
And all of this was done through a translator, going back and forth between Pohnpein and English for the benefit of the witnesses and the defendant. The translator was also the court "ombudsman," who'd done a pre-hearing investigation and made the recommendation for parole with certain conditions. I'm not sure how ombudsmen work here, but it's very different than anything we're used to in western terms. I need to read the law on it. But, with the "it takes a village" community mentality they have, it's a critical part of their judicial system. He went and interviewed witnesses, victims, victims' families, jail officials, and made his report and recommendation. Seemed quite thorough to me.
Then Primo testified, through the translator, but I almost didn't need the translator. Not that my Pohnpein is good enough by any means. Just that I could pick up a word or two and get it from the context, and from the English that was spoken by the judge. Primo began by thanking everyone for their respect, and apologizing (I caught that word; it's "mahk.") He said he agreed with all the conditions that were being suggested. He said he would not plant five yams a day, but six! "Why?" the judged asked. "Because I have to feed my family." It was actually almost eloquent.
Sakau vs. alcohol: Now, this guy killed the two while he was drunk. So, the "no alcohol" thing is an important condition of parole. Sakau is actually, I think, a generic term for anything liquid that's mood-altering, so I've heard it used in terms of wine, beer, etc. But when people refer to the sakau from the pepper plant, they say "Sakau en Pohnpei." What put it in context for me was when I heard the term "sakau mehn why," which told me they were talking about foreigner's alcohol, not the pepper plant. I'd been wondering if there would be a distinction. Sakau en Pohnpei is such a traditional, customary thing, that's part of so many rituals ~ funerals, get-togethers, celebrations, you name it ~ that I think it's not considered something he'll be prohibited from doing.
Afterwards, I shook Primo's hand and wished him good luck. Quite a pleasant, educational, fascinating experience, all things considered.
It's been raining quite a bit since my drive home, and my ex-boss just invited me down to dinner. Usually, it stops after ten minutes or two, but I've been home an hour and its still raining.
No comments:
Post a Comment