2 days ago
Unfolding investigation of Seaman Angelina Resendiz's death
NORFOLK, Va. (WAVY) — 10 On Your Side is learning more about the next steps in the unfolding case of Seaman Angelina Resendiz's death.
NCIS: Body confirmed as missing Norfolk Naval Station sailor; Navy sailor in confinement
A fellow sailor is in pretrial confinement in connection with her death. The sailor's name has not been officially released, but he is likely confined at the Naval Consolidated Brig in Chesapeake, where individuals in pre-trial confinements are housed.
'He is believed to be there if he is in pretrial confinement in this area. That is exactly where he is,' said Attorney Robert Canoy.
Active-duty military attorneys are called Judge Advocates or JAG Officers for short, and that is the type of work that Attorney Robert Canoy did for 11 years before becoming a private attorney with McCormack & McCormack.
Within two days, a probable cause hearing is expected.
There is an Initial Review Officer's Hearing within seven days to determine if he gets released or held in confinement.
'Essentially, at that point, the prosecution has to demonstrate to that officer that there's evidence supporting the charges, probable cause, or what could be charges and that he is either a flight risk or a danger to commit additional misconduct in order to hold him there,' said Canoy.
Secondly, there is an Article 32 Preliminary Hearing,
'Similar to what we do in civilian court, that has to happen first. That would kind of be his first major public hearing,' Canoy said.
Then, general court-martial, arraignment, and trial happens afterwards.
'In terms of the system, like the biggest differences between civilian and military court hearings, you do not have to have a unanimous verdict in the military. Three quarters is good enough, so those are kind of some of the basic differences,' Canoy said.
Bonds are handled differently as well.
'So, there are no cash bonds or money to get out. It's just whether they believe there's grounds to hold him or not. There is no such thing as bonds in the military in terms of an unsecured or secured bond. Like you pay money, and you come out. It's either they believe that there's sufficient evidence, that he's a flight risk, or a danger to commit additional misconduct or not, and that those things don't have to be proven beyond a reasonable doubt, but a lower standard of evidence,' Canoy said. 'If those things exist, they will hold him there pending trial, and if they do not, then they would have to release him. That decision then becomes reviewable by a military judge down the road. An actual judge.'
The mother of Esmerelda Castle has issues with how the investigation was handled.
'She has an issue with the communication of identification. She has an issue that she received word three to four hours early prior to being notified by NCIS,' said family spokesperson Michael Muhammad.
Muhammad told 10 On Your Side the most troubling issue was the delay in the issuance of the Ashanti alert.
'Six days later, they issued a critically missing adult on the Ashanti alert. The unfortunate reality is critical time had passed,' said Muhammad.
The mother of Esmerelda Castle is also attempting to figure out the suspect's relationship to her daughter.
'Mom is talking to friends. She's talking to coworkers and people who have known him and have known her daughter to try and understand what this connection was and what this relationship was,' said Muhammad.
Attorney Robert Canoy said the suspect's name will be unveiled no later than Monday.
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