Assistant Attorney General Erin Toolan, in response to Rota Mayor Efraim Atalig’s motion, stated that the “use immunity” applies to Dean Manglona, Eusebio Manglona, Josepha Manglona, and Dennis Mendiola.
Vanessa Charfauros, Magdalena Mesngon, and Dexter Apatang have already disposed the cases against them by plea agreement, Toolan said.
“As a term of their agreements, these defendants [Charfauros, Mesngon, and Apatang], agreed to cooperate with the AG’s office and the United States Attorney’s Office and truthfully testify in both local and federal trials,” Toolan said.
Toolan added, “Per the agreements, these defendants were granted immunity from prosecution.”
CNMI Chief Prosecutor John Bradley said there are two kinds of immunity: use immunity and transactional immunity.
Transactional immunity protects the witness from being prosecuted for a particular crime, Bradley said. “That has not been offered.”
He said “use immunity” simply protects the witness from having his testimony used against him.
But the witness can still be prosecuted with evidence other than his testimony, he added. “The witness also can still be prosecuted for perjury if the witness lies during testimony.”
“Witnesses were offered use immunity only,” Bradley said. “Once the court approves the offer, witnesses can’t refuse to testify by invoking their constitutional privilege against self-incrimination.”
Mayor Atalig and seven of his resident directors have been charged in Superior Court with misconduct in public office for taking government-funded per diem and salary compensation to attend a Republican Party rally on Guam on June 23, 2018.
Presiding Judge Roberto Naraja has rescheduled the jury trial of the Rota officials from Jan. 13, 2020 to March 30, 2020.
In the District Court for the NMI, Mayor Atalig and his girlfriend Evelyn Atalig have been charged with conspiracy, wire fraud, theft from program receiving federal funds, and two counts of false statements.
They are accused of orchestrating CNMI-government-funded trips to California, Palau, Guam, and Saipan from February 2018 to August 2018.
Chief Judge Ramona V. Manglona held a hearing on Monday regarding Mayor Atalig’s request for another trial postponement.
But attorney David Banes, who represents the Rota mayor, told the court that the motion had been mooted after the motion to compel for immunity was granted by the CNMI AG’s office.
Judge Manglona then told the parties that the jury selection will proceed on March 10.
She ordered the parties to file the final witness list by today, Tuesday, March 3.
The Ataligs appeared via teleconference. Attorney Steven Pixley, who represents Evelyn Atalig, was also present at the hearing.
