THE Commonwealth does not, and cannot, explain how Gov. Ralph DLG Torres’ request to search for a specific document — that is directly related to the charges in the case against him and contains exculpatory information— is a “fishing expedition,” attorney Anthony H. Aguon said.
The governor, who Aguon represents, has specifically identified the document that he is requesting, and has also presented the specific reasons for why he wants that document, the lawyer added.
“Ultimately, the issue is not that the Commonwealth is unaware of the evidence that Gov. Torres is requesting, but rather that the Commonwealth refuses to allow the defendant to participate in the prosecution’s search for Mr. Lawrence Pangelinan’s 2019 investigation file on his [Attorney General’s] Investigative Division computer in any way,” Aguon said.
As for the Commonwealth’s argument that the defense has made a misrepresentation concerning the Office of the AG’s familiarity with the Office of the Public Auditor’s report, Aguon said, “Despite its arguments, the OAG Manual —including the manual’s language that the Commonwealth cites in its own objection — makes it abundantly clear that the Office of the Attorney General is involved in responding to any [Open Government Act] requests made on an agency, which includes the Office of the Public Auditor.”
Aguon requested the court to grant the motion for the defense to search the AG Investigative Division computer for the 2019 AGID Report (or, alternatively, for the computer search to be conducted by an independent third party); and for the Commonwealth to provide Torres an unredacted version of the 2019 OPA Report.
Chief Solicitor J. Robert Glass Jr., who represents the AG’s office, has objected to the defense request for the investigation report of a former AGID investigator regarding the travels of government officials.
“Defendant wishes to conduct a fishing expedition or act as ‘Big Brother’ in the Commonwealth’s discovery,” Glass said.
“The Commonwealth has already argued that it does not believe the report exists because it has been unable to locate the report or any mention of the report in any physical or electronic files or within the Attorney General Investigative Division’s case database,” Glass added. “The Commonwealth also argued that even if the report did exist it would be protected from discovery by Rule 16.”
On April 8, 2022, the AG’s office filed a criminal case 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 Diann T. Torres, his wife.
The complaint alleged that Torres committed “misconduct in public office” on nine occasions from April to December 2018 in connection with his purchase of business class, first class and other premium travel tickets for himself and his wife.
The complaint included theft charges related to the governor’s travel expenses amounting to $20,000 between April 2018 and May 30, 2019, using public funds.
The case also alleged one count of contempt for failure to appear in compliance with a legislative subpoena.
Torres has denied all charges.
The governor, through his attorneys Viola Alepuyo, Victorino Torres, Matthew Holley and Aguon, has asked the court to dismiss the case, saying that the prosecution was “selective and vindictive.”
“This prosecution is selective because the Office of the Attorney General has chosen not to prosecute similarly situated individuals,” the defense said.
Superior Court Judge Pro Tem Alberto Tolentino is handling the case and had not ruled on any motions filed by the parties as of Aug. 16, 2022.
Anthony Aguon
