HAGÅTÑA (The Guam Daily Post) — Two public health officials have pleaded not guilty to charges related to approving sanitary permits for 15 public schools without any legally required inspections.
On Wednesday morning, Director Arthur San Agustin and Chief Environmental Health Officer Masatomo “Tom” Nadeau of the Department of Public Health and Social Services appeared in the Superior Court of Guam to answer charges filed by the Office of the Attorney General’s Government Corruption Division.
San Agustin and Nadeau initially were charged in July with allegedly approving sanitary permits for five public schools without any legally required inspections. Since then, a superseding indictment alleged the pair had approved permits for 15 schools.
Both face charges of obstructing government functions and official misconduct as misdemeanors. San Agustin also was charged with 15 counts of tampering with public records as third-degree felonies.
Although the judge in the hearing, Magistrate Judge Jonathan Quan, explained to parties he had a conflict of interest due to “formally, informally and socially” knowing San Agustin and Nadeau over several decades, attorneys for San Agustin and Nadeau, Joaquin “Jay” Arriola Jr. and Patrick Civille, respectively, waived any conflict for the purposes of the hearing.
Arriola requested the waiver due to the defendants already having asserted their right to a speedy trial when they were initially charged and trial being scheduled to begin in the coming weeks.
Quan allowed the waiver due to the hearing being “fairly ministerial” and because he wouldn’t be “taking any discretionary actions.” Prosecutor Gloria Rudolph also made no objection to the waiver.
San Agustin and Nadeau then pleaded not guilty to the new charges.
Recusals
In requesting a conflict waiver, Arriola stated that “a number of the trial judges have recused themselves” based on prior “professional and personal relationships with the clients.”
Earlier in the week, one of the judges to recuse themselves was Elyze Iriarte, who was assigned to determine whether Presiding Judge Alberto Lamorena III, should be disqualified from presiding over the case.
According to Post files, Arriola filed a statement of objection to Lamorena being the assigned judge in not only San Agustin’s case but also in the case in which Guam Regional Transit Authority officials are accused of corruption. Arriola’s client is GRTA board chair Alejo Sablan, who, along with other officials, stands accused of knowing and furthering the illegal action related to Richard Ybanez’s time as interim executive manager of GRTA between April 2022 and May 2023.
Arriola argued Lamorena had endorsed Attorney General Douglas Moylan as he was campaigning last year and Moylan posted his resume on social media, which listed Lamorena as a professional reference.
Since Lamorena denied the allegations, Iriarte was assigned to determine whether Lamorena should stay on. However, Iriarte stated in a Tuesday hearing that she had a conflict due to Civille’s law firm representing a party “adverse” to Iriarte’s spouse in federal court.
Iriarte also disqualified herself from the GRTA case due to the similarity of the issue and explained a new judge would be assigned.
During the Wednesday hearing, Quan said Judge Alberto Tolentino was assigned to hear the matter. According to the court calendars, however, a hearing has yet to be scheduled.
Jury selection and trial for both cases is scheduled to begin Sept. 18.
Arthur San Agustin, director of the Department of Public Health and Social Services, arrives ahead of his hearing on Tuesday, Aug. 29, 2023, at the Guam Judicial Center in Hagåtña.
Masatomo “Tom” Nadeau, chief environmental health officer at the Department of Public Health and Social Services, arrives ahead of his court hearing on Tuesday, Aug. 29, 2023, at the Guam Judicial Center in Hagåtña.
