HAGÅTÑA (The Guam Daily Post) — Two more Guam Regional Transit Authority officials facing allegations of corruption filed motions to dismiss the criminal charges against them.
“This prosecution is inappropriate. It is grossly political. It is absurd. It must be dismissed,” wrote attorney Joaquin “Jay” Arriola Jr. on behalf of his client, Alejo Sablan, chairman of the GRTA board. Sablan faces charges related to Richard Ybanez’s hiring as GRTA interim executive manager without having a “requisite college degree.”
A week after Hågat Mayor Kevin Susuico filed a motion to dismiss the charges in the GRTA corruption case, his co-defendants Ybanez and Sablan joined the motion, meaning they are also requesting for their charges to be dismissed in the Superior Court of Guam.
For Ybanez, whose appointment as the agency’s interim executive manager resulted in the Office of the Attorney General’s government corruption division filing charges against the officials, his attorney, Sean Brown, stated in his motion the case should be dismissed since “the allegations cannot be proven because the elements cannot be met in any form and because the law is being misused by the Government.”
With Ybanez facing charges of theft, conspiracy and official misconduct, Brown argued because Ybanez “received no benefit outside of what he was entitled to” no theft or misconduct occurred.
“Nothing was stolen. No victim was harmed. No benefit (was) received. All the charges fail without question and are not being used in the manner envisioned by the Legislature,” Brown stated.
He argued if the prosecution of the employees are allowed, “it opens the door” to any employee being prosecuted if an employer is not satisfied with their efforts.
Additionally, Brown alleged Ybanez actively sought advice from Assistant Attorney General Tom Keeler during the time frame in the indictment.
“There is no humanly way that the grand jury would have indicted this case if they had known the Defendants sought out advice from the Office of the Attorney General on these issues. The AG’s Office had an obligation to its clients to give legal advice that would have been a criminal offense to take on the Interim position,” Brown wrote.
His motion included email exchanges between Ybanez and the AG’s office.
‘Way too trivial’
Arriola made similar arguments to Brown, stating Ybanez, rather than being indicted, should have instead been served with a notice of adverse action or personnel action.
Arriola argued Sablan “did not hide, steal, misapply or intend to defraud anyone,” considering all acts alleged as criminal are public record and public proceedings.
“He did not intend to steal nor was he complicit in any theft by co-defendants. There was no ‘misapplication’ of funds or misconduct in voting to approve an interim executive manager. The GRTA Board actions did not actually cause or threaten the harm or evil sought to be prevented by the law defining the offense,” Arriola stated.
He called the alleged conduct “way too trivial to warrant indictment and the condemnation of felony conviction.”
However, as Brown argued, the case should be dismissed on the grounds the AG’s office was advising Ybanez and the board members, according to Arriola. Arriola filed a separate motion requesting the AG’s office be disqualified from prosecuting the case.
“The OAG did not raise any issue with Mr. Ybanez serving in such capacity, which the GRTA Board could have reasonably relied on as legal approval of the interim appointment. Thus, the OAG must be disqualified from prosecuting the Defendant,” Arriola stated.
If the prosecution further asserts a conflict wall is in place, Arriola requested for an evidentiary hearing to be held to question Keeler and Attorney General Douglas Moylan.
Co-defendants
Like Susuico, Ybanez and Sablan, GRTA certifying officer Jennifer Badar Cruz and board member Inalåhan Mayor Anthony Chargualaf face similar charges.
On Thursday, The Guam Daily Post was unable to confirm with Chargualaf and Cruz’s attorneys whether they have or intend to join the motion to dismiss.
Earlier this week, Presiding Judge Alberto Lamorena III said a date to argue on the motions will be forthcoming, which may cause a delay in the trial scheduled for Sept. 19.
Another delay may also be caused from Arriola requesting Lamorena be disqualified from presiding over the case due to an alleged bias shown to Moylan as he was campaigning last year.
Richard Ybanez, the former interim executive manager of the Guam Regional Transit Authority, right, walks to a pre-trial conference Tuesday, Aug. 22, 2023, at the Guam Judicial Center in Hagåtña.
Guam Regional Transit Authority Chairman Alejo Sablan, center, appears for a hearing Wednesday, July 26, 2023, at the Judiciary of Guam Northern Court Satellite in Dededo.
