U.S. District Court for the NMI Presiding Judge Alex R. Munson released a nine-page order yesterday denying the defendants’ motion to dismiss the indictment for failure to state an offense.
The defendants argued that the indictment on Count 1 for conspiracy is unclear and confusing; that Count 2, which is wire fraud, fails to allege specific facts of fraud; and that Count 3, which is theft concerning federal funds, is insufficiently alleged.
The federal court, however, found the defendants’ arguments unpersuasive.
The court also denied the defendants’ motions for bill of particulars; motions to dismiss the 1998-2000 transactions in Count 1 on the grounds that it is barred by the five-year statue limitations.
The federal court noted that the defendants were charged with one single conspiracy beginning 1998 and continuing until 2007 so it is not affected by the time bar.
The defendants’ motions to dismiss indictment for outrageous government conduct was also denied because the defendants failed to show that the federal government’s conduct was “so grossly shocking and so outrageous as to violate the universal sense of justice.”
The defendants’ motion to compel discovery was also denied because the federal government has produced all the documents required and has discussed the case and relevant evidence with all defense counsel.
The motion to conduct voir dire was also denied because as an exercise of its discretion, the court will conduct voir dire and the attorneys for each party will be given an opportunity at the pretrial to submit questions to the court that are specific to the case.
Voir dire is the opportunity to examine the jurors before their appointment as regards to their integrity and balanced approach.
Lastly, the federal court denied the defendants’ motion to use jury questionnaire because the court is not persuaded that the questionnaire is any more effective than voir dire by the court.
The federal government’s motion to dismiss the defendants’ joinders for untimeliness was also denied because “the court found that even if the motions were untimely, there is no undue prejudice to the government.”
Munson issued the order denying the motions following the hearing on Dec. 11, 2008 where Villagomez appeared with attorneys Leilani V. Lujan and David J. Lujan.
Santos, Villagomez’s brother-in-law, was represented by attorney Victorio DLG. Torres while his wife Joaquina, the lt. governor’s sister, was represented by attorney Ramon A. Quichocho.
Assistant United States Attorney Eric O’Malley appeared on behalf of the federal government.
Villagomez and the Santos couple were indictedwith former Commonwealth Utilities Corp. Executive Director Anthony Guerrero for wire fraud, conspiracy, and theft involving federal funds in August this year.
Except for Guerrero, the three defendants have pleaded not guilty to the charges.
