RULING from the bench, Judge Pro Tempore Judge Arthur Barcinas on Monday said the Bank of Guam records of former Gov. Ralph DLG Torres would not be produced pending a final decision on the prosecution’s request to disclose the bank records.
The judge also said he will issue a scheduling order regarding pending motions before the court, including the request to amend the charges against Torres, and the defense motion to disqualify the special prosecutor, James Robert Kingman.
The parties also discussed holding the motion hearings via Zoom, except for the evidentiary hearings.
Torres appeared at the hearing on Monday and was represented by attorneys Viola Alepuyo, Anthony Aguon and Matthew Holley.
Assistant Attorneys General J. Robert Glass Jr. and Steve Kessel joined Kingman at the prosecution’s table.
On April 8, 2022, the CNMI Office of the Attorney General filed a criminal case against the former 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 Diann T. Torres, his wife.
The case also alleged one count of contempt for failure to appear in compliance with a legislative subpoena.
The former governor has denied the charges.
Recently, Kingman applied, and the Superior Court issued a subpoena to Bank of Guam dated May 9, 2023.
The subpoena stated:
“You are hereby ordered to provide as soon as possible and to the Office of the Attorney General, Criminal Division, Caller Box 10007, Saipan, MP 96950, all Bank of Guam records and transaction records, i.e., account applications, deposit slips, withdrawal slips, wire transfer transactions, ATM and/or credit card transactions, cashier’s checks, copies (front and back) of all checks drawn from all accounts, and bank statements for RALPH DLG TORRES., between January 2016 to January 2023, including records of if and when the account was closed and the reason why the account was closed.”
Torres, through his defense team, has asked the court to quash the subpoena, saying “it does not comply with the law.”
“In fact, the notice served on Mr. Torres states it is for investigative purposes,” the defense stated. “The Commonwealth…does not contend or make any representation that the documents sought pursuant to the subpoena are evidentiary and relevant to trial in this case.”
According to Kingman, “the bank records are being sought in good faith and are not intended as a general fishing expedition.”
“In reviewing the documents received before my appointment, it was clear that there are numerous documents referring to business records of banking information held by Bank of Guam in the name of Defendant,” he said in a declaration filed in court on June 2.
“These include documents such as check stubs, deposit slips, notices of overdraw for travel authorizations, and receipts.”
Further, he said, “In reviewing the public statements of defendant, there were assertions regarding his finances that did not match the documents already in the file. The subpoenaed bank documents are evidentiary and relevant: they will show if the appropriate financial protocols were carried through and either corroborate or conflict with defendant’s public representations.”
But according to the defense, “the prosecution makes no effort to show relevancy to any of the thirteen offenses pending before the court.”
“The best the prosecution offers is a declaration, not made under oath or penalty of perjury, that does not show how Mr. Torres’ bank records are relevant to the government’s issuance of airline tickets,” the defense stated in reply to the prosecution’s opposition to quash the subpoena.
The prosecution’s failure to demonstrate “the relevancy of Mr. Torres’ Bank of Guam account records to any of the pending charges justifies quashing the subpoena,” the defense team added.
As of press time Monday evening, there was no additional information or order regarding the case.
Special Prosecutor James Robert Kingman walks toward the courtroom on Monday.
Former Gov. Ralph DLG Torres, right, with his brother, attorney Joaquin DLG Torres.
