23 Feb 2018
- By Bryan Manabat – [email protected] – Variety News Staff
JOSEPH A. Crisostomo, Annie A. Crisostomo, Evelyn A. Crisostomo and Calistro A. Crisostomo have asked the Superior Court to unseal the search warrant executed by the Federal Bureau of Investigation and the Department of Public Safety on their Koblerville property Saturday, Feb. 17, 2018.
The motion was filed by their counsel, Janet H. King, on Wednesday.
She asked the clerk of court, Patrick V. Diaz, to file her motion with the same case designation used to file the search warrant and supporting materials.
Asked about the status of the motion, Diaz said: “It is being reviewed.”
In her motion, King cited the 4th Amendment to the U.S. Constitution and Article I, Section 3 of the Commonwealth Constitution.
She said the Crisostomo family had their lives suddenly disrupted by a very public search of their property.
“No members of the Crisostomo family have been charged with any crime related to the search,” she added.
King asked the court for an order to release the search warrant associated with the search, its attached affidavits that recount basic facts about the suspected offenses and provide probable cause for the issuance of the warrant, and a property inventory of the things seized if any.
Signed by Associate Judge Teresa Kim-Tenorio — not Judge Joseph N. Camacho as earlier reported — the FBI, assisted by DPS, executed a search warrant on a residential property owned by the mother of Joseph Crisostomo who was convicted of murder in 2014.
A jury found Joseph Crisostomo guilty of kidnapping, robbing, raping, and murdering Emie Romero in 2012. He was sentenced to life imprisonment without the possibility of parole or work release.
The search warrant directed investigators to search “Ana and Calistro’s residential compound/ground vicinity behind the residence which is located in the village of Koblerville.”
“There is now being concealed or buried within the ground, human remains believed to be the missing Luhk sisters: Faloma and Maleina,” the warrant stated.
According to King, “Although everyone hopes that the mystery of the disappearance of the Luhk sisters is solved, there is no indication that any member of the Crisostomo family is under suspicion.”
She said Joseph Crisostomo no longer resides there. She also noted that Joseph Crisostomo was incarcerated at the time of the Luhk sisters’ disappearance and was released from jail on Dec. 17, 2011, seven months after their disappearance was reported in As Teo.
Faloma Luhk, then-10 years old, and her sister Maleina, then-9, were last seen on May 25, 2011, waiting for a school bus near a bus stop pavilion in As Teo.
According to the Crisostomo family, the FBI and police provided only page five of the search warrant.
King said since the search warrant was executed, the Crisostomo family residing on the Koblerville property “has been unfairly receiving the brunt of public outrage and indignation.”
To protect the commonwealth’s interest in the ongoing investigation of the Luhk sisters, King said the Crisostomo family would agree to a gag order that would limit access only to the Crisostomo family, herself, her staff and agents, and the court and its staff in any legal action involving the search warrant materials.
“If the prosecution’s concern is protecting an informant, the Crisostomo family would agree that the informant’s name may be redacted from the search warrant materials, but would reserve the right to move for disclosure of the informant’s identity at a later date or after any potential civil suit is filed,” King said.
Source: Marianas Variety : http://www.mvariety.com/cnmi/cnmi-news/local/102469-crisostomo-family-asks-court-to-unseal-search-warrant