HAGÅTÑA (The Guam Daily Post) — In February 2019, at a popular Tamuning restaurant, Joseph Flores, then an employee of Delegate Michael San Nicolas, said he had a conversation that could have been heard in countless mob movies.
“I need you to do something,” a meeting with two associates of San Nicolas began, according to Flores during an interview Monday on Newstalk K57 with Patti Arroyo.
He quickly learned that the request was concerning John Paul Manuel, a former campaign manager for San Nicolas, who initiated a congressional ethics investigation over the delegate for allegedly accepting an improper cash donation.
“The big man, Michael San Nicolas, knows about this — that we’re going to meet with you, and this and that,” Flores alleged he was told. “We want to hire you to do a hit on John (Paul) Manuel.”
Flores said the two associates who approached him with the offer, Benjie Perez and Tomas Calvo, also were employees of the delegate at the time.
The U.S. congressional committee inquiry into San Nicolas ended with a unanimous, bipartisan conclusion that substantial evidence exists San Nicolas committed a crime, and tried to cover it up.
The report and other evidence have been forwarded to the U.S. Department of Justice, and the Federal Bureau of Investigation confirmed it initiated a review of the information. The FBI stated it does not confirm or deny any active investigations it is conducting.
For his part, Flores brought the details of his discussion to the Guam Police Department, with the hope it would investigate his claims or bring his allegations to federal authorities.
“I’m working for you guys, so you let me know when — and it’s going to be a high price,” he recounted saying the day of the meeting.
Borja said there was no follow-through with the plan, including establishing a price and time for the “hit.”
The Guam Daily Post reached out Monday to San Nicolas and his gubernatorial running mate, Sabrina Salas Matanane, for a comment on the allegations, but no response was given as of press time Tuesday.
GPD confirmed for the Post that, after consulting with the Office of the Attorney General, it closed the case without taking further action. No information was forwarded to federal law enforcement, said Officer Berlyn Savella, GPD spokesperson.
While GPD did not disclose the specific reason for the action, cases may be closed without arrests or charges filed when law enforcement believes no crime was committed, or even if a crime was committed, if the statute of limitations prevents prosecution.
Only two crimes are outside the statute of limitations under local law: murder and the rape of a child.
‘Very careful’
Coming forward and making allegations over public airwaves is not what Jay Arriola, a criminal defense attorney, would counsel his client to do.
The Post reached out to Arriola to learn how practicing lawyers may recommend witnesses, or perhaps co-actors in crimes, cooperate with law enforcement.
“Whenever anybody is solicited to commit a crime, whatever that person does will affect whether they get charged with a crime,” Arriola said. “That person should be very careful in what they admit or don’t admit.”
Any evidence a witness participated in “substantial steps to further the conspiracy” could have legal consequences, he said. And any public statements made could undermine a witness’ credibility with law enforcement, Arriola added.
Having lawyers represent their interests can help witnesses looking to navigate the legal realm of cooperation.
“You need your assurances from the prosecutors and from the police that you’re going to be OK — you won’t be prosecuted,” Arriola said. “They won’t turn around later and say, ‘No, you sent us on a wild goose chase,’ or, ‘You’re just as guilty; you started it.’ There’s all kinds of liabilities to be worried about. And when these people make these allegations after the fact, they still need to be concerned.”
‘He’s scared’
Flores said he wanted to help Manuel. The two reconnected about three months ago — just before Flores decided to file the complaint with GPD.
“He’s very traumatized. He’s been threatened; he’s scared. He’s feared for his life,” Flores said. “That’s when I turned around, … and realized that he’s really been bullied for what he did. That’s when I decided to file a police report.”
When asked by the Post what he would say to those skeptical of whether he’s being truthful, given the time that has passed since the alleged meeting took place, and the timing of Flores going public so close to Saturday’s primary election, he offered to take a polygraph test alongside anyone else named in his allegations.
“I hope the FBI gets involved. I hope they contact me,” Flores told the Post.
Michael San Nicolas