JUDGE Pro Tem Arthur Barcinas has granted the motion of former Governor Ralph DLG Torres to quash the subpoena to Bank of Guam of special prosecutor James Robert Kingman in connection with the misconduct in office allegations filed by the Office of the Attorney General against Torres pertaining to first-class travel.
“The Bank of Guam shall not turn over any records in response to the Commonwealth’s Subpoena Duces Tecum dated May 9, 2023,” Barcinas said in his eight-page order dated July 17.
“The Special Prosecutor’s pro hac vice license does not extend beyond this case,” the judge added.
“The Special Prosecutor’s pro hac vice admission was granted for the purpose of prosecuting this case; it was not for the purpose of investigating Torres beyond the scope of this case.
“For Kingman to investigate into any possible financial misconduct on the part of defendant goes beyond what has been charged in this particular case. Therefore, as the Subpoena goes beyond what is charged in this case as identified above, when Kingman requested the Subpoena to be issued, he went beyond the boundaries of his pro hac vice admission. As such, the Subpoena should also be quashed on these grounds,” the judge added.
Kingman applied for and the Superior Court issued a subpoena to Bank of Guam dated May 9, 2023.
The subpoena stated: “You are hereby ordered to provide as soon as possible and to the Office of the Attorney General, Criminal Division, Caller Box 10007, Saipan, MP 96950, all Bank of Guam records and transaction records, i.e., account applications, deposit slips, withdrawal slips, wire transfer transactions, ATM and/or credit card transactions, cashier’s checks, copies (front and back) of all checks drawn from all accounts, and bank statements for Ralph DLG Torres, between January 2016 to January 2023, including records of if and when the account was closed and the reason why the account was closed.”
Torres, represented by attorneys Viola Alepuyo, Anthony Aguon, Victorino Torres, and Matthew Holley, requested the court to quash the subpoena, saying that “it does not comply with the law.”
“In fact, the notice served on Mr. Torres states it is for investigative purposes…. The Commonwealth further does not content or make any representation that the documents sought pursuant to the subpoena are evidentiary and relevant to trial in this case,” the defense team stated.
Kingman said the bank records are being sought in good faith and are not intended as a general “fishing expedition.”
But according to the defense, “the prosecution makes no effort to show relevancy to any of the 13 offenses pending before the court.”
On April 8, 2022, the CNMI Office of the Attorney General filed a criminal case against the former governor alleging 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.
As of Monday, the judge pro tem had not issued a scheduling order regarding other pending motions.
These include the special prosecutor’s request to amend the charges against former Gov. Torres, and the defense motion to disqualify the special prosecutor, James Robert Kingman.
