GOVERNOR Ralph DLG Torres’s lawyers are objecting to the Office of the Attorney General’s “notice of intent to introduce evidence of other crimes, wrongs, or acts.”
According to the defense, the Office of the AG “has not met its burden of proof to establish any basis for admitting each ‘other act’ evidence under Rule 404(b). The Commonwealth also has not met its burden of proof that the noticed evidence is relevant and not prejudicial. These deficiencies further render the Commonwealth’s notice insufficient.”
Torres is represented by attorneys Viola Alepuyo, Victorino Torres; Anthony H. Aguon, and Matthew Holley in the criminal case filed by the Office of the AG, 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 the governor and/or first lady Diann T. Torres. The AG also alleged one count of contempt for failure to appear in compliance with a subpoena.
The governor has denied the charges.
His lawyers said the AG’s office is claiming that the ‘other act’ evidence it wants to introduce will be used to establish knowledge, plan, preparation, and intent as well as absence of mistake or accident.
“However, its notice fails to show how each alleged ‘other act’ evidence relates to each of the alleged permitted purposes of knowledge, plan, preparation, intent, or absence of a mistake or an accident,” the defense lawyers said.
Moreover, “the Commonwealth does not articulate how the twelve counts of misconduct in office as charged by the Information [filed by the AG] do not show such purposes, or why each other acts evidence is necessary.”
Likewise, “the Commonwealth claims that the ‘other act’ evidence shows that defendant on other occasions prior to 2018 allegedly traveled on premium class airfare tickets, but does not explain why that is material to any charge or issue in the case.”
The defense attorneys said the governor is not charged with traveling on premium class.
“He is charged with misconduct in office for allegedly causing the issuance of an airline ticket for travel higher than regular economy fare, theft, and contempt,” the lawyers said.
“There is no explanation for how each ‘other act’ relates to any material issue associated with any of the fourteen counts charged in the Information. There is also no explanation of what fact or issue each ‘other act’ evidence proves that the additional ‘other act’ evidence does not. Even more so, it is not articulated how prior travel using a premium class airfare ticket is material to causing the issuance of an airline ticket in each of the misconduct in office charges, the theft charge, or the contempt charge.
“There is also the issue of all the ‘other act’ evidence not being the same conduct.
“For example, the issuance of air tickets charged in the Information concern Governor Torres when he was completing the unexpired term of Governor Inos. However, one of the Commonwealth’s noticed evidence, travel associated with Travel Authorization #312753, occurred at a time when Governor Torres served as the Lieutenant Governor, when Governor Inos was still alive,” the defense lawyers said.
They said the OAG’s notice of ‘other act’ evidence is insufficient.
“The Commonwealth has not established any basis for admitting its designated ‘other act’ evidence pursuant to Rule 404(b). Admissibility of such evidence should be denied unless, following a hearing, the Commonwealth satisfies its burden of proof and the Court determines such evidence will not present any danger of ‘unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.’ ”
The prosecutor, Chief Solicitor J. Robert Glass Jr. of the OAG, told the court that he will introduce evidence showing that Governor Torres “intentionally caused himself to fly first class.”
Glass said the proposed Rule 404(b) evidence will show the defendant’s intent, motive, opportunity, preparation, plan, knowledge and/or absence of mistake or accident for the alleged criminal actions occurring in Criminal Case No. 22-0050.
On Monday, at a status conference before Superior Court Judge Pro Tem Alberto Tolentino, Glass said he was working on a plea agreement.
Judge Tolentino, for his part, set a hearing for all motions for June 30 at 9 a.m.
