He was referring to last Wednesday’s Supreme Court decision which stated that Gutierrez and former Guam Retirement Fund Director John Rios can be indicted again for the assignment of retroactive retirement benefits for the former governor.
The court has ruled that the re-filing did not amount to double jeopardy.
Gutierrez and Rios requested a retrial, which the court denied.
Aguon said their campaign remains unified and strong and continues to move forward as people from all walks of life continue to commit to their team.
He said he doesn’t expect a flawless campaign since all campaigns are fraught with complications.
Former Sen. Randy Cunliffe, Gutierrez’s legal counsel, said the prosecution of his client is politically motivated.
But he said Gutierrez “will continue to fight these political attacks and knows that he will prevail.”
Cunliffe noted that an indictment “is merely an allegation and Retirement Fund personnel have already testified that Gutierrez was entitled to this retirement.”
Gutierrez and Rios were indicted in July 2004 on the charge of scheming to alter the former governor’s retirement record so that he could collect more retirement benefits than he was entitled to receive.
The Superior Court dismissed the indictment because prosecutors could not prove that Gutierrez had received benefits to which he was not entitled.
Gutierrez and Rios were indicted again in Dec. 2005 along with Gil Shinohara, the former governor’s chief of staff. The jury found Shinohara not guilty.
In 2006, the court dismissed the charges against Gutierrez and Rios, but the Guam Supreme Court in 2008 ruled the dismissal improper.
