THE Office of the Attorney General will introduce evidence showing that Gov. Ralph DLG Torres “intentionally caused himself to fly first class.”
The AG’s office, through Chief Solicitor J. Robert Glass Jr., filed a notice of intent to introduce evidence of other crimes, wrongdoings or acts pursuant to NMI Rule of Evidence 404(b).
Glass said the proposed 404(b) evidence will show the defendant’s intent, motive, opportunity, preparation, plan, knowledge, identity, and/or absence of mistake or accident for the alleged criminal actions occurring in Criminal Case No. 22-0050.
The Office of the AG said it will introduce the following travel authorizations or TA and related documents at trial:
1) Defendant’s travel in 2015 on Travel Authorization #312753 “[t]o attend the 2nd Annual Commonwealth Covenant Day event in San Diego and to attend and witness the M/V Luta Cargo Vessel departing from Louisiana to the CNMI.” It is alleged Defendant traveled March 27, 2015, to April 5, 2015, in First and Business Class where Commonwealth funds paid for such travel.
2) Defendant’s travel in 2016 on Travel Authorization # 318443 “[t]o attend the National Governors’ Association 2016 Winter Meeting, the 2016 Senior Plenary Session of the Interagency Group on Insular Areas, the 35th U.S. Coral Reef Task Force Meeting, and to meet with DHS Officials, Homeland Security Officials, and Insular Affairs.” It is alleged Defendant traveled February 16, 2016, to February 23, 2016, in First and Business Class where Commonwealth funds paid for such travel.
3) Defendant’s travel in 2016 on Travel Authorization #319943 “[t]o meet with Western Pacific Regional Fisheries Lt. Gen. Crutchfield and to meet with Hawaii liaison and to attend the 2016 Flag Day Celebration of American Samoa” and Amended Travel Authorization #319443-1 “[t]o amend TA No. #319443 to include travel to Pago Pago, American Samoa to meet with Governor and Lt. Governor of American Samoa. To reimburse traveler for purchase of airfare and to cover insufficient per diem.” It is alleged Defendant traveled April 12, 2016, to April 23, 2016, in First and Business Class where Commonwealth funds paid or reimbursed Defendant for such travel.
4) Defendant’s travel in 2017 on Travel Authorization #331441. Defendant and first lady Diann Torres, traveled “[t]o meet with officials of U.S. Fish and Wildlife regarding the Marianas Trench Marine National Monument in Portland, OR and to attend the 2017 Western Governors’ Association in Whitefish, MO.” It is alleged Defendant traveled with Ms. Diann Torres from June 23, 2017, to July 2, 2017, in First and Business Class where Commonwealth funds paid for such travel.
According to Glass, “The documents establish that defendant had done this on prior occasions which shows that he was aware of what would happen, i.e., his knowledge, by continuing to request premium air travel. It shows his intent because the defendant was allegedly traveling in premium class before the current criminal case.”
Glass said these documents “become especially pertinent in rebuttal if defendant asserts a defense that he was provided with legal advice in 2018 regarding his premium class travels, as it shows that prior to 2018 and the establishment of the travel steering committee, defendant was traveling on premium class airfare tickets.”
According to Glass, “The conduct in these instances is almost exactly the same as the charged instances, and therefore is clearly similar conduct.”
Glass added, “The evidence as identified in the discovery…are public record documents submitted by defendant to the Department of Finance to request and justify his travels. The records are signed by Defendant and include the itineraries, boarding passes, and relevant CNMI checks/payment documents to show Commonwealth Government funds were used. As these documents are public records, they satisfy NMI Rule of Evidence 902 as self-authenticating records, and are sufficient to show that the act of these travels occurred and defendant was the actor.”
Glass said the “conduct being noticed occurred at most seven (7) years ago, with the more recent travels occurring only five (5) years ago. Considering the alleged criminal conduct occurred four (4) years ago in 2018, these instances are not remote in time, and meet the proximity prong for 404(b).”
Superior Court Judge Pro Tem Alberto E. Tolentino has scheduled the jury trial to begin on July 5.
On April 8, 2022, the Office of the Attorney General filed criminal charges against the governor 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 himself and/or first lady Diann T. Torres. The case also alleged one count of contempt for failure to appear in compliance with a legislative subpoena.
Torres has denied the charges.
Represented by attorneys Victorino Torres, Matthew Holley, Viola Alepuyo, and Anthony Aguon, Torres has asked the court to dismiss all 14 counts.
The defense attorneys also requested that the AG’s office provide documents leading to the decision to prosecute the governor.
