JUDGE Pro Tempore Arthur Barcinas said he will make a ruling 10 days after hearing the arguments of the parties virtually at a status conference on Monday regarding the refiled contempt case against former Gov. Ralph DLG Torres.
Torres, who was also charged with misconduct in public office, appeared in person at the hearing and was represented by his brother, attorney Joaquin DLG Torres.
The original case against the former governor was filed by the Office of the Attorney General on April 8, 2022. The former governor was charged with 12 counts of misconduct in public office and one count of theft relating to the issuance of airline tickets for business class, first class, or other premium class travel for himself and/or Diann T. Torres, his wife. The case also alleged one count of contempt for failure to appear in compliance with a legislative subpoena.
The former governor has denied the charges.
On Aug. 23, 2022, Judge Pro Tempore Alberto Tolentino dismissed without prejudice the contempt charge against the former governor. Without prejudice means that the charge can be refiled.
The judge said evidence indicated that the prosecutor, J. Robert Glass Jr., was exposed to “privileged information regarding non-appearance to a legislative subpoena as charged in Count XIV — Contempt.”
On Oct. 26, 2023, Assistant Attorney General James Robert Kingman refiled a separate charge of contempt and misconduct in public office against the former governor.
On Dec. 19, 2023, Judge Barcinas directed the prosecution to refile the penal summons against the former governor.
The defense, for its part, filed a motion for probable cause, saying that the summons issued to the former governor was “fatally defective as it violates due process, the right to privacy and equal protection.”
Kingman, who appeared virtually, argued that probable cause determination has long been settled as a matter of law.
He reiterated that local procedures “do not give defendant the right to a probable cause determination before either penal summons nor information. It was statutory, not constitutional, concerns that provided the mechanism of a preliminary examination.”
The former governor can challenge the sufficiency of probable cause at trial, Kingman added.
But according to the defense, “Kingman saying that it’s a well-established law is very deceiving. The issue of a defective penal summons lacking probable cause determination has not been dealt with.”
Judge Barcinas asked the defense what remedy it was seeking.
“Our position is the government provides an affidavit of probable cause, and the judge reviews it, sees if there’s enough, signs the penal summons, and we come back for an arraignment,” attorney Torres said.
“In essence, what we are saying is…the judge, the judiciary itself has not had an opportunity to review anything…other than what Mr. Kingman alleges…and the procedure is Mr. Kingman gets an affidavit from some officers saying this is what they did, and this is what they are going to testify to…. That would correct it, assuming the judge believes there’s enough probable cause and moves forward, and if the court does not believe that then there’s no case — the court does not need to go forward,” attorney Torres added.
Former Gov. Ralph DLG Torres leaves the courtroom following Monday’s hearing.
