The three were convicted of bribery, theft and wire fraud charges in April 2009 and are now serving their jail sentences in federal facilities.
Villagomez was sentenced to seven years and three months in prison.
Mrs. Santos and her husband each received a sentence of six years and six months in prison.
“I blew it!” said Judge Mark W. Bennett of the Northern District of Iowa in his ruling, granting the defendants’ motion for reconsideration.
“Even judges sometimes need more than one bite at the apple to get things right. Fortunately, the defendants here were sufficiently persistent in their efforts to supplement the record on appeal to give this court another bite at the apple to determine whether or not supplementation of the record…is appropriate on the question of whether or not the trial judge, who has since taken senior status, and moved to mainland, closed jury selection to the public,” Bennett said in his ruling.
He added, “This motion for reconsideration is a superb reminder of the important role such a motion can play in judicial decision-making.”
The defendants’ asserted that the court’s prior order “was flawed, because it was filed before [the defendants’] reply brief was due; was based on misperception of the nature and scope of the court’s authority… and improperly relied on the court’s disbelief of their claim that jury selection was closed to the public.”
Bennett said, “The court now gives due consideration to each of the defendants’ grounds for reconsideration and, in the process, renewed consideration to when supplementation of the record… is appropriate.”
“Moreover, a delay in the evidentiary hearing until November is not excessive, in light of the logistics involved in preparing for such a hearing, including the Marshal’s arrangements to transport the defendants back to Saipan for the hearing and the parties’ location and interviewing of witnesses and arrangements for their appearance at the hearing,” Bennett said.
