By Gina Tabonares
Variety News Staff

THE trial of former chief of staff Gil A. Shinohara is expected to move forward after Superior Court Judge Arthur Barcinas denied the government of Guam’s motion to reconsider the dismissal of the retirement case against former Gov. Carl T.C. Gutierrez and former Retirement Fund director John Rios.
Shinohara’s local court trial was deferred for one year while the court continued its deliberations on whether to grant the motion for reconsideration filed by Deputy Attorney General William “Bill” Bischoff.
Judge Barcinas stated in his order issued on Monday that the grounds for appeal of the government were previously fully argued before another judge, and it would not be right to re-argue the merits of previously raised contentions.
Judge Barcinas took over the government corruption case after Judge Pro-Tem Richard Benson recused himself.
Last year, Judge Benson disqualified himself from the case a week after he granted a defense motion to dismiss the case against Gutierrez and Rios.
The judge’s order dismissing the superseding indictment, however, did not include Shinohara, leaving him in the theft by deception and official misconduct case.
However, the Attorney General’s Office filed a motion to reconsider Judge Benson and clarification of the Feb. 10, 2006 order.
The three defendants were back in the courtroom of Judge Barcinas on March 2 to discuss the government motion.
Bischoff argued that the court made errors in granting the defense motion.
Bischoff said the court did not address several points raised by the government.
The government lawyer also sought clarification on whether the charges the court intended to exempt from dismissal are not the charges of conspiracy among Gutierrez, Rios and Shinohara.
Defense counsels Mike Phillips and Randall Cunliffe reiterated their position and told the court that it should not reconsider the decision of Judge Benson because the government failed to offer a reasonable alternative interpretation.
Cunliffe said the charges in the superseding indictment were the same charges earlier dismissed by the court.
He also argued that the government cannot re-file the case which was on appeal.
Phillips reiterated that the conduct which the prosecutor alleges to be unlawful is the same conduct he alleged to be improper or unlawful in the last action.
“All allegations and actions the prosecutor complains of today were part of his story in the last case,” Phillips said.
After listening to both parties, Judge Barcinas took the motion under advisement and deferred the trial setting for Shinohara pending the decision on the government motion.
Shinohara, who was scheduled to start serving his federal jail terms in connection with a conviction in a separate government corruption case, earlier asked for a speedy trial so he could start serving his 32 months of jail time.
He is locked up in the Hagatna detention facility pending the outcome of the retirement case filed against him on Dec. 23, 2005.