HAGÅTÑA (The Guam Daily Post) — The second-in-command at the Office of the Attorney General testified about a conflict wall being in place during the prosecution of five government employees accused of corruption.
On Wednesday afternoon in the Superior Court of Guam, Guam Regional Transit Authority board Chair Alejo Sablan argued a motion to disqualify the Office of the Attorney General from prosecuting Sablan on corruption charges.
Sablan’s charges relate to Richard Ybanez’s hiring as former GRTA interim executive manager without “having a requisite college degree.”
Sablan argues that because Assistant Attorney General Tom Keeler “regularly interacted” with and guided Ybanez and the GRTA board, the AG’s office should be disqualified from prosecuting Sablan.
Additionally, Sablan requested an evidentiary hearing be held to call employees in the AG’s office to testify about any conflicts of interest.
Chief deputy
At the Wednesday hearing, the first called to testify by Sablan and his defense team, attorneys William Brennan and Joaquin “Jay” Arriola Jr., was Chief Deputy Attorney General Joseph Guthrie.
Brennan, who took the lead in the questioning, first asked about Guthrie’s responsibilities in his position, particularly how the AG’s office ensures potential conflicts of interest are addressed.
“The conflicts are usually identified to me either by the attorney general or by deputies or by employees that just come to my door and say there’s a conflict. And when I’m told that, then we activate our conflict wall procedure,” Guthrie explained.
When asked if there were any conflict walls in place in the GRTA case, Guthrie could not recall.
“I don’t know. We have many conflicts in our procedure. I have no recollection of any conflicts involving that case,” Guthrie said.
Emails
Brennan subsequently confirmed with Guthrie that an official written memo regarding the conflict wall procedure was established earlier in April this year.
Brennan asked Guthrie a series of questions about emails exchanged between Guthrie, Keeler and Attorney General Douglas Moylan.
The emails were sent in January this year, Moylan’s first month as AG, and related to Ybanez, his status as the acting interim executive manager of GRTA and his qualifications.
The emails, which Brennan read to Guthrie, who had a copy in front of him on the witness stand, consisted of Moylan asking Keeler questions such as the status of Ybanez as acting director and if anything was “pressing” on GRTA.
Guthrie was copied in the email exchanges since he was the head of the Civil Division at the time. When asked about the emails, Guthrie said he did not have a “recollection of being involved in the discussions involving Mr. Ybanez or his situation as the head of the GRTA.”
Brennan continued to refer to the emails and asked about one Guthrie sent, which contained the Department of Administration’s rules and regulations regarding individuals working at agencies in an acting capacity.
Guthrie, after being shown the email, said he recalled the email but “very vaguely.” He said he was asked to do legal research as to the qualifications of the head of the GRTA.
“I was just responding to them,” Guthrie said.
Brennan then asked again if Guthrie knew if there was an ethical wall erected in the GRTA case.
“I don’t know. I don’t know,” Guthrie said.
“As the (chief deputy attorney general) and the civil administration head, wouldn’t it be your job to know, as you testified earlier?” Brennan asked.
“No, it would be my job to try and keep up with the job. And to tell you the truth, there was so much stuff coming at me then … that I would not remember,” Guthrie said. “I’m not aware if any wall was or was not erected, simply because I don’t remember. However, if you subpoena records of our office, we can establish that for you.”
Hearing
As the hearing continued through late Wednesday afternoon, Arriola told The Guam Daily Post after Guthrie was called, Keeler testified as well.
The hearing will continue Monday, when Moylan, Assistant Attorney General Gloria Rudolph and an investigator for the AG’s office will be called as witnesses.
Joseph Guthrie, chief deputy attorney general, signs documents at the Office of the Attorney General of Guam at the Guam International Trade Center in Tamuning on Thursday, Aug. 17, 2023.
