Both parties separately argued that the illegal taxicab driver who testified that he bribed Leon Guerrero was their cooperating source.
Visiting Judge David O. Carter of the Central District of California told the jurors to return to court at 8:30 a.m. today for final instructions and deliberations on the extortion charges against Leon Guerrero.
“Show me the money!” defense attorney David Banes again told the jurors, quoting a famous line from a Tom Cruise movie.
Banes said the prosecution failed to prove its case against his client, Leon Guerrero, who sought early retirement after his arrest in November.
Banes reiterated that there was no video footage, no bank statements and no independent witness that could prove Leon Guerrero accepted the bribe money ranging from $200 to $500.
The prosecution said Leon Guerrero accepted bribes on three occasions — twice at DPS.
Banes said Sgt. Sylvan Rangamar, the former officer-in-charge of the department’s Criminal Investigation Bureau, testified that Leon Guerrero’s then-supervisor knew and approved an operational plan prepared and then executed by the arrested detective against Stocklots Saipan Inc. and a certain “Ivan” who was supposedly behind the operation of illegal taxicabs on island.
Rangamar described Leon Guerrero as having “absolute discretion” in investigating cases since the CIB had a manpower shortage.
Releasing evidence from DPS may be allowed, provided that there’s an approval from the Attorney General Office, Rangamar testified.
Officer Regino Celis testified that he witnessed a man who was arrested for operating an illegal taxicab become a cooperating source for DPS, the defense said.
If Leon Guerrero was committing a criminal act, why would he coordinate with Crime Scene Officer Jerome Bermudez in documenting the seized car and personal effects of the suspect arrested by Leon Guerrero, the defense said.
Banes said the motive of the Federal Bureau of Investigation’s cooperating source was highly suspect.
The FBI placed Leon Guerrero under surveillance between June and October last year after an illegal taxicab driver complained about the former detective’s extortion activities in exchange for the release of seized vehicles and dropping of criminal charges.
Banes said Leon Guerrero was wrongfully accused, and this was a “tragedy.”
The prosecutor, Assistant U.S. Attorney Eric O’Malley, said they failed to show the bribe money because Leon Guerrero pocketed it.
O’Malley told jurors that Leon Guerrero is not being tried for doing his job as detective, but because somebody paid Leon Guerrero not to do his job.
O’Malley said the illegal taxicab operation could have been stopped since the arrest of the FBI’s cooperating source last June — the suspects could have been jailed and even deported from the CNMI.
It did not happen, O’Malley said, because Leon Guerrero “accepted payments not to do” his job.
Like DPS, O’Malley said the FBI also had limited manpower resources and was unable to videotape its surveillance.
O’Malley noted that Leon Guerrero knew how to conduct counter-surveillance and to “frustrate” such missions, like setting the location for the payoff near a working generator to create noise.
O’Malley said the defense did not offer evidence to dispute the recordings of Leon Guerrero asking money from the cooperating witness.
O’Malley said the defense presented “alternative theories that didn’t make sense.”
How would the AGO and DPS prosecute illegal taxicabs on island when Leon Guerrero “gave away all evidence?” O’Malley asked.
Soon after Leon Guerrero accepted the $500 bribe, O’Malley said the former detective “did not do what he’s expected to do.”
“The release of evidence is improper. To receive money is illegal,” O’Malley said.
Leon Guerrero “crossed the line,” the prosecutor added.
Leon Guerrero forgot his oath as a police officer to enforce and to obey the law, O’Malley added.
