A lawsuit against the Department of Public Safety claims that state prison officials tipped off a Maui Community Correctional Center guard accused of raping an inmate, allowing him to leave the country.
The U.S. attorney filed a criminal complaint in April charging James Siugpiyemal with fleeing the jurisdiction to avoid prosecution. The complaint says Siugpiyemal fled Maui on Oct. 10, 2014, first to Guam and then to Yap. Officials have yet to apprehend him.
The inmate, Christina C. Riley, filed a lawsuit in U.S. District Court on Wednesday against Siugpiyemal, the state Department of Public Safety, Director Nolan Espinda and MCCC Warden James Hirano.
The lawsuit says state officials tipped off Siugpiyemal of the sexual assault allegations, allowing Siugpiyemal to retaliate against Riley and flee.
A department spokeswoman said department officials have been advised not to comment on the pending litigation.
Riley says she was in the work furlough program at MCCC when Siugpiyemal raped her. The work furlough program allows inmates to leave the facility to go to work during the day, then return at night.
She says she was required to leave her cellphone number with a guard at the gate whenever she went to work. She says Siugpiyemal retrieved her number, called and stalked her at her workplace, and threatened to have her kicked off furlough if she didn’t meet with him and do what he wanted.
Riley said Siugpiyemal raped her July 1, 2014. According to the lawsuit, even though Riley saved DNA from the rape, she didn’t think anyone would believe her.
When Siugpiyemal continued to pressure her, Riley said she met him again and saved hidden-camera video of him raping her a second time.
After her lawyer reported the rapes to DPS officials, instead of investigating them, Riley says, Hirano and other state officials informed Siugpiyemal of the allegations. She says Siugpiyemal then had her work furlough revoked by having another guard falsely report that she had tested positive for drug use.
DPS says Siugpiyemal resigned Oct. 6, 2014, after a year and a half on the job as an adult correctional officer at MCCC.
The FBI says a Maui grand jury returned an indictment Oct. 27 charging Siugpiyemal with five counts of felony sexual assault and that a state judge issued a $500,000 warrant for his arrest.
Maui prosecutors had the court file the indictment under seal pending Siugpiyemal’s arrest.
A representative from the Maui County prosecutor’s office said the office cannot release any information about the case.
Yap is one of four states of the Federated States of Micronesia.
FSM Consul General in Honolulu Kandhi Elieisar says an agreement on extradition and mutual assistance in law enforcement is included in the latest Compact of Free Association signed in 2003 between the United States and FSM. The agreement extends to 2023.
