In a three-page order yesterday, United States District Court for the NMI Chief Judge Alex R. Munson said he denied “the motion in limine to preclude good faith/advice of counsel defense and motion to deny any requested jury instruction for such defense” against Luis Pelisamen.
The judge said the case has an unusual aspect because Pelisamen’s co-defendant, attorney Joseph Aldan Arriola, is a fugitive.
The indictment stated that $600,000 was taken from the Kaipat estate in violation of the CNMI Superior Court order, but the defense pointed out that the indictment is simply the charging instrument and not the evidence against the defendants.
“For the court to grant the instant motion, it, rather than the jury, would need to in effect make a determination of faith or innocence before any evidence has been presented to the jury,” the court stated.
Munson said it is premature to make any determination about jury instructions until all evidence has been received.
On Friday, the defendant, through attorney Douglas F. Cushnie. submitted a memorandum in opposition to the motion in limine filed by the U.S. government.
Cushnie said “the government filed a motion in limine to prevent the defendant from raising a defense of good faith reliance on counsel, and prior to trial bar any jury instruction setting forth that defense.”
Cushnie said the U.S. government is basically asking the court to rule prior to trial that the defendant is guilty.
“The government recites its indictment as evidence for the defendant’s guilt, and it asserts facts that are and will be in dispute,” Cushnie said.
The defense lawyer added that the U.S. government is attempting to short circuit the entire trial process.
“It is telling the court that the United States has determined there is no evidence to support any defense by the defendant and that the court should just accept that and move on,” Cushnie stated.
He said they are all for a smooth trial but it should include a real trial and not the pre-trial barring of the defendant’s ability to raise a defense.
Pelisamen was arrested by the Federal Bureau of Investigation for conspiracy to commit wire fraud, wire fraud and money laundering in January last year.
The indictment stated that from Sept. 2005 to May 2006, Pelisamen and Arriola, who was his lawyer, committed the conspiracy to commit wire fraud.
The indictment stated that defendants worked together to take money from the Kaipat estate account, money to which they had no lawful claim.
The defendants were indicted for transferring money from the Kaipat estate on Nov. 28, 2005, from the Bank of Guam to the Bank of Hawaii, causing communications by wire between Saipan and Honolulu, Hawaii and transmitting money amounting to $1,377,058.39 to Honolulu, Hawaii.
The indictment further stated that both defendants drafted 66 checks from Nov. 30, 2005 to May 10, 2006, totaling approximately to $219,000 drawn against the Kaipat estate account and made payable to both defendants.
Pelisamen was appointed as the administrator of the estate on Sept. 27, 2005.
