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PHILCONGEN NEW YORK ASSISTS MICHAEL RAY AQUINO
23 September 2005 – Consul General Cecilia B. Rebong of the Philippine Consulate General in New York, USA, reported to the Department of Foreign Affairs that a consular officer visited Mr. Michael Ray Aquino on 20 September 2005 at the Passaic County Jail and, in response to his requests, made representations with US authorities for Michael Ray’s wife and child to visit him in jail; to have access to the facility’s “sun room”; and to be given a rosary or rosary ring to aid him in his prayers.
Mr. Aquino is currently detained at the New Jersey facility pending his hearing on the following charges:
1.) Acting as an agent of a foreign official without notification of the Attorney General in violation of Title 18 of U.S. Code, Section 951;Consul General Rebong said that Consul Maria Lourdes Legaspi visited Mr. Aquino, and reported that he appeared to be “in relatively good condition.” Mr. Aquino thanked the officer for the visit and said that the conditions of his detention have improved, as he has been allowed access to the gym room and the TV room.2.) Knowingly communicating classified information by a government employee to an agent or representative of a foreign country (i.e. receiving classified information); and
3.) Conspiracy to commit all the above offenses in violation of Title 18 of U.S. Code, Section 371.
Consul General Rebong added that Mr. Aquino stays by himself in a cell with its own sink and bowl, which pleases him as he said he does not have to adjust or “put up” with another person and also makes him feel much safer.
The Consul General further reported that consular officers have spoken with Mr. Mark Berman, Mr. Aquino’s attorney. Mr. Aquino was supposed to have a hearing on 21 September 2005 meant to discuss the US Government’s continued detention of Mr. Aquino beyond the ten-day limit set by law, and also discuss the provision for bail. Mr. Berman said that with the consent of his client, he has waived the scheduled hearing and requested for an adjournment of the bail hearing.
Mr. Berman informed the Consulate that he waived the hearing as he needs to confer with US immigration authorities and the US Attorney’s office to be able to make a substantive application for bail. Mr. Aquino showed Consul Legaspi his lawyer’s letter on the waiver of preliminary hearing and adjournment of the bail hearing.
Meanwhile, Foreign Affairs Undersecretary
for Migrant Workers’ Affairs Jose S. Brillantes said “As Mr. Aquino already
has a defense team within the already-established US judicial system, I
have directed Consul General Rebong to constantly monitor Mr. Aquino’s
case and ensure that his rights as a Filipino national are respected.”
Undersecretary Brillantes added that “the DFA is ready to provide further
legal assistance for Michael Ray upon his request.” END