FORMER Gov. Ralph DLG Torres is currently represented by attorneys Viola Alepuyo, Anthony Aguon, Victorino Torres and Matthew J. Holley, and any of them should be able to handle the trial on Feb. 13, 2023, Chief Solicitor J. Robert Glass Jr. said in response to a motion requesting to move the trial from Feb. 13 to June 2023.
It was attorney Victorino DLG Torres who formally requested Superior Court Judge Pro Tem Alberto Tolentino to move the trial because of a trial schedule conflict with one the lawyer’s clients.
But Glass is opposed to any continuation of the trial.
“Defendant provides no reason why one of his other three chosen counsel cannot be present or represent him for the trial,” Glass said.
“The availability of the parties is not a determinate factor,” he added. “The Commonwealth has announced it will be ready whenever the court schedules trial, including the now scheduled Feb. 13, 2023, date. Defendant has only announced that one of his four chosen counsel will not be available. Thus, it appears the defendant will have at least three chosen attorneys available to represent him at the Feb. 13, 2023, trial.”
According to Glass, “It is also not clear the purpose for the continuance would be met if it were granted because defendant could then just turn around and say another of his four chosen counsel is not available for trial, and could attempt to indefinitely continue the trial.”
“What is clear at this moment,” Glass said, “is that defendant has three other chosen counsel who have not presented any conflict with the date or stated such at the hearing.”
“The purpose of the continuance is not necessary as defendant has three other chosen counsel to represent him,” Glass added.
Moreover, the Commonwealth would be inconvenienced by moving the trial date, he said.
“While the Commonwealth will be ready whenever the court sets trial, it has already begun serving trial summons. The Commonwealth’s witness list consists of over 30 individuals. The reason for serving the summons soon after the setting of the date is because of the nature of this particular case. Many of the witnesses are currently appointed by the [outgoing Torres] administration. It is highly likely that many of these individuals will not be employed by the Commonwealth government after January when a new administration begins.”
Some of the witnesses have already tendered their resignations, he added.
“This is inconvenient for the Commonwealth to not have some witnesses available because of changes in circumstances — and the longer the delay until trial, the more likely important witnesses will become unavailable. The Commonwealth also has to expend significant resources not only in serving the individuals, but in managing schedules for the trial — this is especially challenging given that many of the witnesses are reluctant or refuse to speak with the Commonwealth even to arrange their specific appearance times for trial.”
The court, too, would be inconvenienced by moving the trial date, Glass said.
“The trial is being overseen by a visiting judge who must take time away from his own docket in order to assist the NMI Superior Court. Further because the Judge is visiting, he must use one of the other Judge’s courtrooms which means that Judge cannot use it during the time set for trial. With multiple moving pieces for the court, it is clear the Court would be inconvenienced by moving the trial date,” Glass said as he asked the court to deny the request to continue the trial.
On April 8, 2022, the AG’s office filed a criminal case against then-Governor Torres, 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 complaint alleged that former Gov. Torres committed “misconduct in public office” on nine occasions from April to December 2018 in connection with his purchases of business class, first class and other premium travel tickets for himself and his wife, Diann T. Torres.
The complaint included theft charges related to the former governor’s travel expenses amounting to $20,000 between April 2018 and May 30, 2019, using public funds.
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.
In September, Judge Tolentino dismissed without prejudice the contempt charge against the former governor.
The judge found that “impermissible exposure to privileged and confidential information…prevents Glass from prosecuting Gov. Torres for Count XIV (Contempt).”
Without prejudice means that the charge can be re-filed.
Glass earlier informed the court that he had proposed a plea bargain agreement which expired on Dec. 31, 2022.
