IN the trial of Gov. Ralph DLG Torres, the Office of the Attorney General said it will call to the witness stand elected and other government officials as well as investigators, and government and private business employees.
Torres was charged with misconduct in public office and theft for traveling first or business class, and for contempt related to his failure to appear in compliance with a legislative subpoena.
Torres has denied the charges and has asked the court to dismiss the case against him.
On June 21, the prosecutor, Chief Solicitor J. Robert Glass Jr., submitted to the Superior Court a proposed witness list that includes Lt. Gov. Arnold I. Palacios, Sen. Victor B. Hocog, Speaker Edmund S. Villagomez, Vice Speaker Jonathan Blas T. Attao, Reps. Celina R. Babauta and Christina Marie E. Sablan.
A source, who requested anonymity, noted that the prosecution previously asked the court to prohibit defense attorneys from mentioning this year’s election and politics, but half of the Office of the AG’s witness list are politicians seeking office, including those running against the governor, and people who worked for the Legislature.
Superior Court Judge Pro Tem Alberto Tolentino will hear the motions filed by the parties on June 30, 2022, at 9 a.m.
According to defense attorneys Viola Alepuyo, Victorino Torres, Anthony H. Aguon, and Matthew Holley, the prosecution of the governor was “selective and vindictive.”
They said the AG’s office has chosen not to pursue any claims against a single other similarly situated government official relating to premium class travel.
In response, Glass said: “Numerous other individuals, including former Gov. Benigno R. Fitial and former Attorney General Edward T. Buckingham, have been prosecuted for misconduct in public office.”
“The means by which misconduct in public office is alleged varies from case-to-case and may also be the first time the underlying means are used as a basis for prosecution,” Glass said.
He said the defendant’s motion to dismiss for selective and vindictive prosecution should be denied “as defendant has failed to establish ‘prima facie’ showing for his claims.”
According to Glass, “Defendant has not shown that similarly situated individuals are not being prosecuted; has not shown that defendant is part of a protected class where others outside of that class have not been prosecuted; has not shown that any charge was increased or additional charge filed based on his exercising a constitutional right; and has failed to meet the requirements for discovery to be ordered.”
The governor’s attorneys have also filed a motion to have the AG’s office withdraw or be disqualified as prosecutor in the case.
They said the AG had reviewed the travel policy of the Office of the Governor as early as April 24, 2015, but the AG did not provide any “prompt, competent, and informed advice” that the policy that he reviewed was inconsistent with Commonwealth law.
