THE Office of the Attorney General has asked the Superior Court to look into a possible conflict of interest in the representation of Gov. Ralph DLG Torres by attorneys Viola Alepuyo and Anthony Aguon because they previously represented two government witnesses.
Torres, through Alepuyo and Aguon, recently pled not guilty to the charges of misconduct in public office, theft, and contempt filed by the AG’s office.
Torres is also represented by his brother, attorney Victorino Torres.
According to a seven-page notice filed by J. Robert Glass Jr. on Monday, “Alepuyo and Aguon are the attorneys for individuals who will very likely be called upon as Commonwealth witnesses in defendant’s trial.”
Glass asked the court to look into a potential conflict of interest, but he did not request the disqualification of the governor’s attorneys.
Glass said Alepuyo represented the governor’s executive assistant, Frances Dela Cruz, while Aguon represented Jomalyn Gelacio who was part of the security detail of the governor and his wife, first lady Diann T. Torres.
Dela Cruz acquired the legal services of Alepuyo to represent her before the House Judiciary and Governmental Operations Committee, which was holding hearings in regards to the governor’s public expenditures including many, if not all, of the documents that form the basis of counts I to XII of the information filed by the AG’s office on April 8, 2022 against Torres.
On Nov. 16, 2021, Dela Cruz appeared before the JGO committee with her attorney, Alepuyo, and Gil Birnbrich, the legal counsel of the Office of the Governor.
At the hearing, Dela Cruz refused to answer any questions, and instead read from a prepared statement on the advice of her counsel, Alepuyo, Glass added.
On April 8, 2022, Alepuyo signed a certificate of service based on her representation of Gov. Torres.
“From the record in the JGO hearing and the court’s own record, it is clear that Ms. Alepuyo is concurrently representing both Ms. Dela Cruz and Ralph Torres. Ms. Dela Cruz is a primary witness for the Commonwealth, as she is the executive assistant to the governor,” Glass said.
“Likewise, Mr. Anthony Aguon represented Jomalyn Gelacio at the JGO committee hearing on July 1, 2021. Ms. Gelacio appeared before the JGO and answered questions.”
Glass said Aguon entered his appearance to represent the governor on April 25, 2022.
“He, too, is concurrently representing the defendant and a Commonwealth witness. Defendant is also represented by his brother, Victorino Torres, who entered his appearance on April 25, 2022 as well.”
Defense counsel is required to disclose to the court the existence of conflicts of interest, Glass said.
“The court is required to inquire into the potential conflicts in order to ensure that defendant’s Sixth Amendment right to counsel is protected. The conflicts of advising trial witnesses are inherent and cannot be waived, but if such waiver is possible, it should be done on the record. A waiver should include both the defendant waiving his right to conflict-free counsel and the witness waiving their attorney-client privilege. The waiver should be done after both defendant and witness have been fully informed of the potential issues. The defendant’s waiver must be made freely, intelligently, and with full understanding of the possible risks of the concurrent representation,” Glass said.
The criminal case filed by the AG’s office against the governor alleged 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 first lady Diann T. Torres.
The AG’s office also alleges one count of contempt for failure to appear in compliance with a House committee subpoena whose validity is being challenged in court by the governor.
Supreme Court Chief Justice Alexandro Castro appointed Guam Superior Court Judge Alberto E. Tolentino as judge pro tempore in the case after the local trial court judges recused themselves from the case.
At the hearing before Judge Tolentino on April 25, Alepuyo informed the court that they would file a motion to disqualify the Office of the Attorney General, and a motion to dismiss the charges against the governor.
On behalf of her client, Alepuyo also invoked the right to a speedy trial and requested the court to schedule the trial to begin on July 5, with no objection from the government attorney, Judge Tolentino granted the request.
As of press time Monday evening, there was no other information available regarding the case.
