“Chris is not yet convicted and is still presumed innocent. Why did the [CNMI] government ask for the dismissal of the case against [patrol officer] Florencio Richards?” said the resident who requested not to be named.
Leon Guerrero, the resident said, is not even in federal custody.
The detective, who was suspended by the Department of Public Safety, was released to his wife as his third party custodian after he posted bail following his arrest last year.
Leon Guerrero has denied the charge of two counts of extortion from drivers of illegal taxicabs.
Leon Guerrero was arrested last November after a grand jury indicted him.
At the time of his arrest, Leon Guerrero was the supervisor of the DPS task force created against robbery, burglary, and theft incidents.
Leon Guerrero, another source said, could still help in the investigation and in prosecuting the case against 32-year-old Richards and Vincent Daniel Q. Terlaje, 31.
Richards and Terlaje were facing one count of conspiracy to commit burglary, one count of burglary, one count of theft, and one count of attempted burglary.
Richards was reinstated to active duty last February.
Last week, Richards, who was off-duty at that time, and a woman were arrested on “ice” charges.
On Dec. 23, 2009, upon the motion of the Attorney General’s Office, Superior Court Associate Judge David A. Wiseman “reluctantly” dismissed without prejudice the charges against Richards and Terlaje.
The AGO filed the motion to dismiss on Dec. 17 “based on the fact that the investigating officers and detective are no longer available to assist in the prosecution” of the case.
The other detective, Vincent Salas, had resigned and moved to the states.
“The government expressed its diligence in reviewing the file in this matter and determined that based on the circumstances presented that they cannot move forward at this time,” Wiseman stated in his order that dismissed the charges against Richards and Terlaje.
Asked for comment, Chief Prosecutor Michael Ernest said they are “doing everything” to ensure that justice is done.
Department of Public Safety internal affairs officer-in-charge Sgt. Joe Flores said DPS can still assign a detective to re-file the burglary case against Richards.
“We can still reopen the case,” Flores told the Variety.
Even if a former police officer is already off-island, “we can bring him back to testify,” he added.
