By Bryan Manabat
[email protected]
Variety News Staff
SUPERIOR Court Judge Pro Tempore Arthur Barcinas on Monday dismissed with prejudice all criminal charges against former Gov. Ralph Deleon Guerrero Torres after the prosecution and defense reached a global civil settlement resolving two pending cases.
Torres had faced charges of misconduct in public office, theft of government funds tied to premium-class travel, and contempt of the Legislature for failing to comply with a subpoena.
The dismissal followed a stipulation filed by Torres’ attorney, Anthony Aguon, and Assistant Attorney General David Krach, stating that the parties had entered into a “Global Civil Settlement Agreement” resolving all issues in Criminal Case Nos. 22‑0050 and 23‑0127.
According to the filing, the settlement “resolves all allegations asserted in these actions,” and the parties agreed the cases should be dismissed with prejudice, with each side bearing its own attorney fees and costs. The stipulation also notes that the dismissal “is the result of compromise and settlement of all claims and shall not be construed as an admission of liability, fault, or wrongdoing by any party.”
Extensive litigation
Krach issued a statement explaining the background of the cases:
“The underlying events took place in 2018, and charges were filed in 2022. In the intervening years, after extensive litigation regarding conflicts, multiple OAG prosecutors were disqualified from handling some or all charges, and the entire Office of the Attorney General was temporarily disqualified.
“Last year, the OAG secured a favorable ruling from the NMI Supreme Court affirming that the Constitution places the duty of prosecuting violations solely with the OAG, and that an Assistant Attorney General can prosecute the former governor with proper screening and independent judgment.
“After six months reviewing the case, with the benefit of eight years of experience in financial investigations, my assessment is that the evidence is not sufficient to prove criminal violations. However, Mr. Torres agreed to repay $23,745 for the additional cost of premium airfare upgrades. These terms were accepted today by the prosecution, defense, and the court.
“This resolution recovers funds for the Commonwealth and upholds the constitutional mandate of the OAG while bringing closure to the case and avoiding prolonged litigation.”
A fair and lawful process
Aguon also issued a statement on behalf of Torres:
“Early in the proceedings, former Governor Torres sought to ensure that only conflict-free prosecutors were involved. Through motions filed with the court and at significant personal expense, he pursued this issue to guarantee a fair and lawful process. The Supreme Court ultimately ruled that Attorney General Edward Manibusan, Special Prosecutor James Kingman, and Chief Solicitor Robbie Glass were disqualified due to conflicts of interest.
“An independent prosecutor was subsequently appointed. Mr. Torres appreciates the role of Assistant Attorney General David Krach, whose work helped bring the matter to a responsible resolution. Under the agreement, both the Government and Mr. Torres acknowledge that the settlement does not constitute an admission of fault or wrongdoing.
“Instead, a civil settlement of $23,745, reflecting the difference between premium and economy airfare, allows the parties to bring finality to the matter. The trips were for official purposes, and there was no misconduct in public office. Mr. Torres also thanks his counsel, Anthony H. Aguon, and the judiciary for their careful oversight and commitment to fairness.”
Torres said the process had been difficult for him and his family but welcomed the resolution:
“I believed it was important that the matter be reviewed independently so the people of the Commonwealth could have confidence in the fairness of the process. I am grateful that this chapter is now closed and thankful to those who stood by me. I look forward to continuing to serve our community in whatever way I can.”
Judge’s order
Judge Barcinas’ order vacated all hearings, deadlines, and scheduling in both cases.
Last year, the NMI Supreme Court remanded the matter to the trial court to allow prosecution to resume under a new prosecutor. In two opinions issued Aug. 22, 2025, the high court upheld the disqualification of Assistant Attorney General James R. Kingman and Chief Solicitor J. Robert Glass Jr., but reversed the trial court’s blanket disqualification of the entire OAG.
The justices noted that the Rules of Professional Conduct cannot be used to vicariously disqualify the OAG when conflicts have been properly screened. They added that continued involvement by Kingman or Glass “would appear improper and could erode public confidence.” The ruling emphasized the OAG’s constitutional role as the Commonwealth’s legal officer and the need for judicial review before trial proceedings resume.
Background
In December 2021, a Democrat‑Independent-led House Judiciary and Governmental Operations Committee found Torres, a Republican, in contempt for refusing to appear before a panel investigating public expenditures. The House subsequently voted to impeach Torres, but the Republican-controlled Senate acquitted him.
On April 8, 2022, the OAG charged Torres with 12 counts of misconduct in public office, one count of theft related to premium-class travel for him and his wife, Diann T. Torres, and one count of contempt for failing to comply with a legislative subpoena. Torres denied the allegations.
On Aug. 23, 2022, Judge Pro Tempore Alberto Tolentino dismissed the contempt charge without prejudice, citing Glass’s exposure to privileged information.
In July 2024, Judge Barcinas granted the defense’s motion to reconsider and ordered the OAG’s withdrawal from Case No. 22‑0050‑CR due to a conflict of interest.
He also disqualified the OAG and Kingman from prosecuting a related case, 23‑0127‑CR.
The OAG appealed, arguing that the blanket disqualification violated due process and misapplied professional conduct rules.
Bryan Manabat was a liberal arts student of Northern Marianas College where he also studied criminal justice. He is the recipient of the NMI Humanities Award as an Outstanding Teacher (Non-Classroom) in 2013, and has worked for the CNMI Motheread/Fatheread Literacy Program as lead facilitator.
