GUAM Superior Court Judge Alberto Tolentino is dealing with some “medical issues that arose over the holidays,” The Guam Daily Post reported on Jan. 12, 2023.
Tolentino, who is presiding over the case against former Gov. Ralph DLG Torres, has set the jury trial to commence on Feb.13.
Last month, Torres’ lead defense, attorney Victorino DLG Torres, requested Judge Tolentino to move the trial to June because of a trial schedule conflict with one the lawyer’s clients.
But Chief Solicitor J. Robert Glass Jr., who is the prosecutor, opposed any continuation of the trial, saying that the defendant can be represented by his other defense attorneys, Viola Alepuyo, Anthony Aguon, and Matthew J. Holley.
Response
In response to the prosecution’s objection to move the trial date, attorney Victorino DLG Torres said, “There has been no continuance previously requested.”
He added, “The Government’s assertion that a short continuance may result in an unavailability of witnesses is self-serving speculation. The Government has failed to identify even one of its own witnesses who may be unavailable as a result of a short continuance. Further, the Government’s statement that a visiting judge may not have access to courtroom availability is unfounded. The Commonwealth Superior Court has always been accommodating when it comes to security, logistics, and courtroom availability when it comes to trial. The Government has provided no reason why the Superior Court would deviate from its long practice to accommodate, especially to a visiting judge.”
According to attorney Torres, “The Government is fully aware and should be prepared that the trial could be moved; there is no surprise. Moreover, the Government, unlike defendant, has the awesome benefit of not having to pay for subpoena fees.”
The lawyer noted that the prosecution concedes that a short continuance will be in line with other cases pending before the Commonwealth Superior Court when it comes to trial dates and scheduling.
“In other words, the movant’s request is neither unique nor unusual; it is consistent with all other cases,” attorney Torres said.
“The Government’s accusatory hypothetical insinuates that defense counsels would create a conflict schedule for the purpose of delaying the trial indefinitely; such statement is improper, baseless, and offensive,” he added.
As part of the defense team’s response, the former governor included a declaration stating that attorney Victorino DLG Torres has been the defendant’s lead counsel throughout the case.
“I want him to continue representing my interest on the matter especially at trial. I have known him all my life and I do not want to go to trial without his representation and assistance,” the former governor said.
Attorney Torres also included a copy of an order from the District Court of Guam regarding his client’s trial which is also scheduled to commence on Feb. 13 at 10 a.m.
On April 8, 2022, the CNMI Office of the Attorney General filed a criminal case against the governor, 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 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 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 then-Governor Torres. The judge found “impermissible exposure to privileged and confidential information that prevents Glass from prosecuting [the defendant] for Count XIV (Contempt).”
Without prejudice means the charge can be refiled.
From left, Guam Lt. Gov. Josh Tenorio, Judge Alberto Tolentino and Guam Gov. Lou Leon Guerrero are pictured in Adelup on March 3, 2021. Tolentino will be out of the courtroom “for the time being” to deal with medical issues.
