HAGÅTÑA (The Guam Daily Post) — Trials for seven GovGuam officials indicted on corruption charges are expected to proceed later than the expected start date of Sept. 18.
On Tuesday in the Superior Court of Guam, government officials from two agencies appeared before Presiding Judge Alberto Lamorena III for a pretrial conference. Due to several court filings – notably one to disqualify Lamorena from the case because of an alleged bias in favor of Attorney General Douglas Moylan – the hearing was to discuss scheduling, as trials were set to begin in less than two weeks.
The first case called was for Department of Public Health and Social Services Director Arthur San Agustin and Chief Environmental Health Officer Masatomo “Tom” Nadeau, who face charges related to approving sanitary permits for public schools without any legally required inspections.
The case can’t move forward until another judge reviews the request for Lamorena’s disqualification, which was filed by San Agustin and joined by Nadeau.
Last week, the case was assigned to Judge Elyze Iriarte, and she held a hearing but recused herself due to a conflict of interest with her spouse being a party “adverse” to attorney Patrick Civille, Nadeau’s lawyer, in a case in the federal court.
Judge Alberto Tolentino has been assigned since then. As of press time, Judiciary of Guam spokesperson Jannette Samson was in the process of confirming the status of Tolentino’s assignment.
Transit officials
Following San Agustin and Nadeau’s hearing, five officials with the Guam Regional Transit Authority – Richard Ybanez, the former interim executive manager of GRTA; Jennifer Badar Cruz, the certifying officer; board members Hågat Mayor Kevin Susuico and Inalåhan Mayor Anthony Chargualaf; and board Chair Alejo Sablan – were called. They face charges related to Ybanez’s time as interim executive manager between April 2022 and May 2023, without Ybanez having a “requisite college degree.”
Lamorena explained that due to a disqualification request filed by attorney Joaquin “Jay” Arriola Jr., counsel for San Agustin and Sablan, the case couldn’t move forward.
Because Susuico, Chargualaf and Ybanez haven’t joined in the motion, their trial could move forward before Lamorena.
Despite co-defendants not joining in the request for Lamorena’s disqualification, there are expected delays because several motions have been filed, need to be reviewed and orally argued over. Motions include requests to dismiss and for cases to be severed, in an attempt to have separate trials.
The next hearing to argue the motions for all defendants, except Sablan, has yet to be scheduled.
The Department of Public Health and Social Services has offices in the Ran-Care Commercial Building in Tamuning, shown Aug. 27, 2023.
