By Gina Tabonares
Variety News Staff

THE Attorney General’s Office yesterday asked the Guam Superior Court anew to decide on its motion for reconsideration on a court decision to dismiss the case against former Governor Carl T.C. Gutierrez and former Retirement Fund director John Rios.
Assistant Attorney General William “Bill” Bischoff also submitted a request for a trial date against Gutierrez’s former chief of staff Gil Shinohara, who has been in custody since last year.
Gutierrez, Rios and Shinohara were accused of conspiring to alter the former governor’s Retirement Fund membership status to allow him to collect more than $30,000 a year when he retires.
The case was originally filed in 2004, but was dismissed in May 2006.
The AGO re-indicted Gutierrez and Rios a month later and included Shinohara, who was then scheduled to serve his 32-month prison term in relation to his federal conviction.
After Judge Arthur Barcinas dismissed the indictment against Gutierrez and Rios, Shinohara was left as the lone defendant, prompting the federal authorities to turn over his custody to the local jail authorities.
Bischoff said Shinohara has been in local custody since Super Bowl weekend last year. Another Super Bowl ended and the defendant continues to waive his right to a speedy trial and avoided trial.
According to Bischoff, further delay of the trial is disadvantageous to government prosecution because it will affect the availability of the witnesses, and evidence problems may arise over a longer period of time.
The AGO also asked the court to issue a decision on their motion that was heard 11 months ago.
This was the second time the AGO filed its request for a decision and request for trial date.
Bischoff earlier filed the same request before the trial court on Dec. 7, 2006.
The last court proceeding for the retirement case was on June 6, 2006 when Judge Barcinas granted Shinohara’s request to allow him to research his case and to provide his transportation from the Hagatna detention facility to Mangilao library by the Department of Corrections at least twice a week.