AFTER the prosecution rested their case in chief against Bonifacio “Boni” Sagana Tuesday afternoon, defense attorney Richard Miller made a motion under Rule 29 for acquittal.
“We are making a motion on all elements of the charges,” he said. “We submit that there is not enough evidence in front of the jury, and testimony from witnesses, that the jury could reasonably find that the interstate or foreign commerce prong is satisfied.”
He added, “The production of Ms. Bernadita Zata’s [CNMI] driver’s license [does not] affect interstate commerce. We submit…that equipment was brought off-island, cars were brought in and gas was used, but it simply is not sufficient. The issue is if the production of that license really affected interstate commerce…. All of that [came] into the CNMI completely independent of [the alleged] conspiracy…. You can buy a car without a driver’s license, and unfortunately you can drive a car without a driver’s license; it’s illegal but you can do it. We submit that there is not enough evidence in front of the jury to find that this conspiracy if it did take place, was in or affected interstate commerce.”
In his rebuttal, Assistant U.S. Attorney Albert Flores Jr. said, “The government has met its burden regarding interstate nexus…at this stage in the proceedings. Considering the evidence the government presented, we’ve met all the elements. The things that made the driver’s licenses are all manufactured. That’s the operative word, manufactured. Manufactured as in produced in commerce — the whole point of manufacturing is to participate in the economy…, in commerce.”
Chief Judge Ramona V. Manglona of the District Court for the NMI reserved her decision on the defense motion, and instead allowed the defense to present its witnesses.
The prosecution’s witnesses were Special Agent David West of Homeland Security Investigations, HSI Special Agent Fredric Jonas, former Deputy CNMI Marshal Eric Esteves, Bernadita Zata, Diosdado Garcia and Nora Ayuyu.
The defense called two witnesses, Joycie Estabillo and Adrian Ranin, who testified that Sagana became their close friend and that he helped them with filling out immigration forms.
Attorney David Banes appeared as defense co-counsel with Jay Wolfe as lead defense investigator and Chris Hilario as Sagana’s interpreter.
With Flores, the lead counsel for the prosecution, was Assistant U.S. Attorney Ashley Kost.
Closing arguments will begin at 8:30 a.m. Wednesday morning and will be followed by jury deliberations.
Sagana is on trial for his alleged involvement in a scheme to produce counterfeit CNMI driver’s licenses.
He is charged with conspiring with Bemadita Zata to violate 18 U.S.C. § 15 1028(a)(1), Conspiracy to Unlawfully Produce an Identification Document.
He has denied the allegation.
To convict Sagana, the U.S. government must prove that Zata intended to commit an act that would have been in or affected interstate or foreign commerce, and that Sagana intended to help her commit that act.
