Written by Kassi Berg
After Senator Baules’ release from jail on September 9, 2012, the Republic claims that it took him only 24 hours and 18 minutes to violate the terms of his probation. As a result, the Republic brought an action to have the Senator’s probation revoked. The Government alleged that Senator Baules went to the Shangrai-la massage parlor the day after he was released from jail where the victim (who he was not supposed to have any contact with as per the terms of his probation) was at the front desk. Instead of leaving the premises, he asked her to give him a massage.
However, at the probation revocation hearing held before Judge Materne on Friday, October 13, 2012, the testimony adduced revealed that the victim did not work at the Shangrai-la massage parlor and that Senator Baules could not have known she would have been there on that day. She said she would go there from “time to time” since her husband was the General Manager. The contact between victim and Baules appeared to be accidental. Nonetheless, Judge Materne found Senator Baules to be in violation of his probation. The Government asked that Senator Baules be remanded to custody for 180 days.
At the sentencing hearing on Monday, October 15, 2012, Senator Baules pleaded with the Court to have “mercy on him.” Senator Baules was contrite before the Court and explained that he did not believe he was “above the law” and promised the Judge she would not see him in the courtroom ever again. Judge Materne found that while Senator Baules’ conduct was “disturbing” and that he had violated the specific terms of his plea agreement as well as the Court’s prior Order, she would not impose jail time. The Court explained that she did not believe that Baules’ “intention was to go back to jail so soon.”
The Court was persuaded by Baules’ sincere apology and remorse, further, the Court explained that the victim was “not harmed” and “the contact was not threatening in any way.” As punishment, the Court added 6 more months to the Defendant’s 2 year 9 month suspended sentence and promised that “if this happens again” the Court will send Baules to jail for the full term of his suspended sentence that is now, with the additional time, 3 years and 3 months.
The Court warned that there is “too much at stake for the Senator” and that he should stay away from Shangrai-la and in the future, not ask about the whereabouts of this victim or any of the other victims because even that will be deemed a violation of his probation.
Senator Baules did not resign from the Senate despite the request to do so by Senator Joel Toribiong, brother of President Toribiong. In fact, Senator Baules filed for another Senate bid while in prison serving his 90-day sentence. Baules seeks re-election this November, 2012.