In his 25-page motion, Santos through his counsel Victorino DLG. Torres said “the entire jury panel is contaminated by a squad of witnesses’ relatives and that there is no way that the appearance of justice is satisfied.”
“This case should be dismissed and a new trial be granted,” Torres said.
He said the defendants were denied the right to a fair trial by 12 impartial jurors and a new trial is warranted.
He argued that implied bias exists in the composition of the jury, one of whom did not disclose her relationship with three of the government witnesses who testified against the defendants.
Torres added that one juror did not disclose the fact that her first cousin was a witness, while yet another juror did not disclose that her second and third cousins were witnesses for the government.
Torres said presumed bias existed throughout the entire panel with numerous other relationships between the jurors, witnesses and the Office of Public Auditor investigator who worked closely with the Federal Bureau of Investigation.
Torres also pointed out that the federal court prevented the defendants from inquiring into government witnesses Joseph Muna Fejeran and former Commonwealth Utilities Corp. Executive Director Anthony C. Guerrero’s consultation assistance with the government.
“The defendants are clearly entitled to know the extent of assistance provided by any specific witness, and this is even more applicable when there is indication that the prosecutor has attempted to place and sit jurors who are related to their witnesses,” Torres said.
He added that the government’s “unethical conduct” is “so apparent and the pattern is now viciously clear — to put as many relatives of their witnesses in the jury box and do not disclose such relatives to the defendants or to the court.”
Torres also claimed that the court became an advocate for the prosecution.
The jury convicted James Santos, his wife Joaquina and her brother, dormer Lt. Gov. Timothy P. Villagomez on federal corruption charges.
Villagomez has already filed his motion for a retrial and wants U.S. District Court for the NMI Chief Judge Alex R. Munson be disqualified from handling the case.
