Co-defendants Justin Paul Mizutani and Joey Vincent Dela Cruz have joined Lt. Gov. Dennis James C. Mendiola in requesting the Superior Court to order prosecutors to provide more details on the misconduct charges filed against them.
Mizutani, represented by attorney Joey San Nicolas, filed his joinder on Dec. 3. Dela Cruz, represented by attorney Charity Hodson, filed his joinder on Dec. 5. Both adopted the arguments presented by Mendiola’s attorney, Bruce Berline, who filed the original motion on Dec. 1.
The motions ask Judge Joseph Camacho to compel the government to issue a bill of particulars outlining the basis for the criminal charges. Each defendant is accused of “Misconduct in Public Office” under 6 CMC §3202(b)(1), a statute Berline describes as “broad and vague.”
According to the filings, the government has not identified any statute, rule, or regulation that makes the alleged conduct unlawful. Without such identification, the defense argues, the charges do not inform the defendants of the precise offense.
Berline contends that without knowing whether the alleged acts are felonies, misdemeanors, or non-criminal offenses, the defendants cannot prepare a defense or understand the potential consequences. He also argues that this lack of detail prevents them from asserting a statute of limitations defense, since time limits depend on the severity of the alleged offense.
Mizutani’s joinder, filed by San Nicolas, incorporates Mendiola’s motion in full, seeking the same relief with references to Mizutani substituted for Mendiola.
Dela Cruz, who faces a single count of misconduct in public office under Count VI, specifically asked the court to require prosecutors to:
- Explain in detail the exact alleged “illegal act” for Count VI, including the statute, rule, or regulation allegedly violated.
- State whether the alleged act is a felony, misdemeanor, or not a crime at all.
- Identify the applicable mental state required for the charge.
- Set forth the exact date of the alleged conduct.
- Explain how the alleged act resulted in any actual loss to the Commonwealth.
- Specify the exact nature of the public funds allegedly misused, including which government agency or budget they came from and how the amount was calculated.
Berline warns that vague charges could expose the defendants to future prosecution for the same conduct, violating constitutional protections. He stresses that without specifics, the defense risks being surprised at trial and cannot adequately challenge the government’s claims.
The charges stem from Mendiola’s tenure as a Homeland Security and Emergency Management special assistant in 2022, when he allegedly misused government vessels and resources. Prosecutors allege he authorized the transport of private and rental vehicles on chartered supply ships and, along with Mizutani and Dela Cruz, left the government with more than $61,000 in unpaid rental fees.
The motions are set for a hearing on Dec. 17 at 10 a.m. before Judge Camacho.
