HAGÅTÑA (The Guam Daily Post) — The former Guam Regional Transit Authority interim executive manager facing corruption charges intends to argue the Office of the Attorney General was a co-actor in the alleged conspiracy.
On Friday, Richard Ybanez and his attorney Sean Brown filed a witness list and notice of defense as Ybanez faces charges related to his role as interim executive manager of GRTA between April 2022 and May 2023 without having a “requisite college degree.”
Brown wrote in the document he intends to call Assistant Attorney General Tom Keeler and notified the court and the prosecution of Ybanez’s “defense of innocence due to Tom Keeler’s active guidance to Ybanez prior to and while acting as the interim executive manager.”
Brown cited the Supreme Court of Guam’s 2011 decision in the AG v. Gutierrez case to further argue in Ybanez’s defense.
“The government must accept that Keeler’s involvement with the board and Ybanez removes all potential liability of all co-actors,” Brown wrote in the two-page document. “At minimum, Keeler’s acquiescence and advice during the alleged ‘conspiracy’ would make Keeler and the attorney general’s office a culpable co-actor and prohibit this prosecution.”
‘Not a viable defense’ by itself
The Guam Daily Post inquired with former Superior Court of Guam judge and current talk show host Robert “Bob” Klitzkie regarding the viability of the defense.
Klitzkie explained the defense citing the Supreme Court decision could not be relied on alone.
“My analysis is that if the only authority that (Brown) is relying on is AG v. Gutierrez, it’s not a viable defense,” stated Klitzkie, who added the citation also relates to a civil case, not a criminal one.
According to Klitzkie, the case brought against Ybanez and the GRTA board is “innovative.”
“I don’t think anyone has ever brought criminal cases against board members on similar-type claims,” said Klitzkie. The former judge added cases in the past have usually been brought against leaders of government agencies.
Indictment
Along with Ybanez, the AG’s Government Corruption Division charged GRTA certifying officers Jennifer Badar Cruz, Kevin Susuico, Hågat mayor and Transit board chair; Anthony Chargualaf, Inalåhan mayor and Transit board member; and Alejo Sablan, Transit board chair, with furthering the conspiracy related to Ybanez’s time at GRTA without a requisite college degree.
They are set to go to trial in September.
Richard Ybanez, the former interim executive manager of the Guam Regional Transit Authority, walks to a pre-trial conference Tuesday, Aug. 22, 2023, at the Superior Court of Guam in Hagåtña.
