GOVERNOR Ralph DLG Torres will file a motion to disqualify the Office of the Attorney General, and a motion to dismiss the charges against him, his attorney Viola Alepuyo told the Superior Court Monday morning.
“We want to let the court know as soon as possible,” she said. “This is our notice to the court — we anticipate filing the motions on Monday May, 2, 2022,” she said.
On behalf of her client, Alepuyo invoked his right to a speedy trial and requested the court to schedule the trial for July 5.
Judge Pro Tempore Alberto E. Tolentino asked: “Are you requesting for a jury trial?”
Alepuyo said, “We are still exploring that issue your honor — at this point we would like a schedule for trial, whether it’s a jury trial or bench trial.”
She added, “I believe once the research and discovery have been done, and we have made proper assessment of the case, we will be able to advise the court whether it’s a jury trial or bench trial.”
For his part, Chief Solicitor J. Robert Glass Jr. of the AG’s office said: “He [the governor] is entitled to a jury trial — there is a felony count in there, [but] should something happen to that or it [is] dropped off [then] it’s just going to be a bench trial.”
“July 5 will work for the Commonwealth,” he added.
Noting that the court will need to call jurors if it’s a jury trial, Judge Tolentino told the parties that the court will need advance notice and arrange for a jury questionnaire.
“Since we are in the issue of jury trial,” Alepuyo said, “and because this is such an important case in the CNMI — usually when the jury trial is conducted in Superior Court, it’s only a jury pool from Saipan, but in this case, we are also requesting the court to have a jury pool available from Saipan, Tinian and Rota. As well as the Northern Islands you honor.”
As for their motion to disqualify the AG’s office, Alepuyo said: “We anticipate a two-day, extensive evidentiary hearing and we would like to request the court to schedule an evidentiary hearing on May 31st.”
Judge Tolentino said he will issue a case management scheduling order after the hearing.
The governor, who is also represented by attorneys Victorino Torres and Anthony Aguon, pled not guilty to the charges of misconduct in public office, theft, and contempt filed by the Office of the AG.
The courtroom was filled to capacity because dozens of the governor’s friends, family members and other supporters were there to witness the court proceedings.
As lead counsel for Governor Torres, it was Alepuyo who entered a not-guilty plea on behalf of her client.
“My client, Gov. Ralph DLG Torres, is innocent. Therefore, he enters a plea of not guilty,” she said.
Alepuyo also requested to formally waive the reading of the charges and advisement of the defendant’s constitutional rights.
She likewise asked the judge to allow her client to waive appearance in the court proceedings unless he has to testify or if the court orders it.
Judge Tolentino granted the request orally but he also ordered Torres to appear in court for a case management conference on June 13, 2022, at 9 a.m.
“At the hearing, the parties should be prepared to advise the court whether the matter will be disposed of by a change of plea, trial, or other disposition,” the judge said.
Chief Solicitor J. Robert Glass Jr. informed the court that he would not request any pre-trial release conditions for the defendant.
Glass also said that he had received discovery requests from the defense attorneys. He said he was now submitting those discovery requests to the court.
He then told the court that the government is ready for trial.
On April 8, 2022, the Office of the AG filed a criminal case against Torres alleging misconduct in public office, theft, and contempt.
The case against the governor is related to the issuance of airline tickets for business class, first class, or other premium-class travel for himself and/or first lady Diann T. Torres.
The AG’s office also alleges one count of contempt for the governor’s failure to appear in compliance with a House committee subpoena. The governor, in a lawsuit, has asked the court to declare that the subpoena violates CNMI statute.
CNMI Supreme Court Chief Justice Alexandro Castro appointed Guam Superior Court Judge Alberto E. Tolentino as judge pro tempore after the local trial court judges recused themselves from the case.
In a media statement on April 10, 2022, the NMI Republican Party stated:
“We can’t help but question the timing and motive of the charges filed against the [Republican] Governor. The Republican Party is dismayed that the former CNMI Democrat Party Chairman, CNMI Attorney General Ed Manibusan, would file the charges over three years later but six months before a general election and days before the commencement of an already ongoing process on the same.”
