SPECIAL Prosecutor James Robert Kingman has subpoenaed former Governor Ralph DLG Torres’ Bank of Guam account records in connection with the misconduct in office allegations filed by the Office of the Attorney General pertaining to first-class travel.
Patrick Diaz, Superior Court clerk of court, issued a subpoena duces tecum to Bank of Guam on May 9.
A subpoena duces tecum requires an individual or organization to produce specific documents, records, or evidence relevant to a legal case or investigation.
The subpoena duces tecum issued to the Bank of Guam 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.”
Professional conduct
At the hearing on Monday before Judge Pro Tem Arthur Barcinas, Kingman also accused Torres’ defense attorneys of violating rules of professional conduct and conflicts of interest.
He requested the court to allow him to file, under seal, a motion concerning the defense attorneys.
Torres’ lawyers — Viola Alepuyo, Victorino Torres, Matthew Holley, and Anthony Aguon — did not object to filing the motion under seal.
Judge Barcinas then granted Kingman’s request for leave to file a motion under seal regarding his concerns about the case, and gave the defendant’s attorneys leave to file any objection regarding the unsealing of the government’s motion.
Toward the end of the hearing, attorney Sean Frink requested that witnesses United Airlines and former Public Auditor Mike Pai be released from their obligation to appear pursuant to the subpoenas they had been served. Neither the government nor the defense objected to the request.
Judge Barcinas ordered that all potential jurors and witnesses, including those represented by attorney Sean Frink, are released from their obligation to appear in court on June 5, 2023, the date of the jury trial.
Upon consideration of the parties’ requests and the judge’s own calendar and schedule, the jury trial scheduled for June 5 was vacated.
On that day, a scheduling conference will instead be held to discuss all pending matters, including a new trial date.
The former governor was charged by the AG’s office 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.
Filed on April 8, 2022, the complaint also alleged one count of contempt for failure to appear in compliance with a legislative subpoena.
The former governor has denied the charges.
