IF counts I to XII are not dismissed, former Gov. Ralph DLG Torres will be tried for offenses that were not properly alleged as they omit the essential “mens rea” element, his defense team said.
In response to special prosecutor James Robert Kingman’s opposition to the defense motion for clarification and or reconsideration of the Superior Court’s previous decision, the defense stated that, “Trying Mr. Torres on a materially defective information is a violation of the Sixth Amendment as well as Commonwealth jurisprudence.”
“This necessitates reconsideration of the order denying dismissal for failure to allege mens rea,” the defense motion added.
According to an online legal dictionary, mens rea refers to criminal intent. “The literal translation from Latin is ‘guilty mind.’ A mens rea refers to the state of mind statutorily required in order to convict a particular defendant of a particular crime.”
Represented by attorneys Viola Alepuyo, Victorino DLG Torres, Matthew Holley and Anthony Aguon, the former governor has asked the court to clarify and clearly define the mens rea standard required for the Office of the Attorney General to prove its case.
The former governor was charged by the AG’s office with 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 AG’s office also alleged one count of contempt for failure to appear in compliance with a legislative subpoena.
Former Gov. Torres has denied the charges. His trial will start on June 5, 2023 with Superior Court Judge Pro Tempore Arthur R. Barcinas presiding.
