Italian national accused of ATM skimming scam urges dismissal of - KUAM.com-KUAM News: On Air. Online. On Demand.

Italian national accused of ATM skimming scam urges dismissal of case

Posted: Sep 14, 2018 5:13 PM +10:00 Updated:

The Italian man accused in a couple of skimming incidents is making another push to get the case thrown out. Defense counsel argues that his client's rights were violated whenever police made the arrest.  

He wasn't informed of his Miranda Rights, specifically his right to remain silent. At least, not in a language he could understand. This is just one of the arguments presented by defense counsel, Rocky Kingree. The public defender represents Nicola Marinelli, the Italian national arrested in connection to two skimming devices recovered on Bank of Guam ATMs.

Marinelli doesn't speak English and requires an Italian interpreter for each of his court appearances.

According to earlier filings, Marinelli - through an interpreter - told police he was in Italy and strapped for cash when he met a man named Michele who convinced him to come to Guam to install skimming devices.

Michele, court documents state, may be connected to organized crime in Italy.

In court Friday afternoon, Kingree argued that his client, who was seen at the Tamuning Pizza Hut location, was held against his will for eight or nine hours by police who used Google Translator for their initial exchanges. Police later had the assistance of Roberto Fracassini, an Italian speaker.

Defense alleges Fracassini engaged in "trickery" and had Marinelli sign off on paperwork without understanding what he was agreeing to. Fracassini, defense reported, is a "counselor to Italy" and citing the Geneva Convention, cannot waive or interpret on behalf of the defendant.

GPD officers Eric Barcinas and Peter Leon Guerrero both testified to their encounters with the defendant. Barcinas stated Marinelli wasn't held against his will and that "he was free to leave."

Leon Guerrero, who conducted the interview with Marinelli at GPD's Tiyan Headquarters testified that he read Marinelli his rights line by line, which Fracassini translated for Marinelli who initialed off on the paperwork. Marinelli, it was also noted, wasn't in handcuffs for the duration of the interview.

Fracassini was also set to testify. KUAM wasn't able to get his testimony as of newstime.

Marinelli remains behind bars on $5,000 cash bail.

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