Assistant U.S. Attorney Eric S. O’Malley filed the opposition to the motion on Oct. 13.
The defendants argued in their motion that two jurors in the case had relationships from which bias should be presumed — that one is a first cousin to a government witness, while another juror is a niece to another witness.
O’Malley said the issue presented in the defendant’s motion for bail pending trial is not fairly debatable and that the defendants’ argument is without merit.
O’Malley said the witnesses in question held no stake in the guilty verdict.
He added that there was no evidence the jurors actively withheld information, or were even aware of the alleged relationships between jurors and witnesses.
“If anything, the witnesses in question would have been more inclined to taint their testimony in favor of an acquittal as they were employees of the [Commonwealth Utilities Corp.] that time and Villagomez could exercise control over their employment,” O’Malley said.
He added that “the federal court was right in concluding there was no actual or implied bias based on the facts presented by the defendants that were covered by existing precedent.”
O’Malley said the defendants filed their initial motion for bail pending appeal on July 20, 2009, arguing that the issues in the order of the court could be fairly debated on appeal.
The court denied the motion as untimely, but gave the defendants an opportunity to re-file after their sentencing on Aug. 5.
O’Malley said Villagomez re-filed his paper motion on Aug. 7 but withdrew it a week later.
Without waiting for a final order from the federal court, O’Malley said the defendants took the matter to the U.S. Court of Appeals for the Ninth Circuit which promptly denied it without prejudice for lack of appellate jurisdiction.
O’Malley said the issue was remanded to the federal court for final determination.
U.S. District Court for the NMI Chief Judge Alex R. Munson sentenced Villagomez to 87 months in jail and the Santos couple 78 months jail term each for corruption.
Villagomez is now serving his prison term in Tucson, Arizona. He will be released on Dec. 17, 2015.
Mr. Santos is serving time in Oklahoma City while Mrs. Santos is at s prison in Dublin, California.
They are set to be released on April 21, 2015.
