Nick Masga Reyes enters a courtroom at the judicial building on Tuesday.
SUPERIOR Court Associate Judge Teresa Kim-Tenorio on Tuesday found a conflict of interest in the representations of former Chief of Parole Nick Masga Reyes and F&S Corporation owner Chuilian Fu, who were charged with conspiracy to commit misconduct in public office, conspiracy to commit theft by deception, and one count of theft by deception.
Both defendants pled not guilty to the allegations.
Reyes and Fu are represented by attorneys Joaquin Torres and Anthony Aguon. Both lawyers also represent former Gov. Ralph DLG Torres in a separate case.
At a hearing on Tuesday, Judge Kim-Tenorio ruled that there was a conflict of interest in the defendants’ representation, but she said the conflict was waivable.
She notified both defendants that the evidence provided by the prosecution indicated a connection with the former governor.
She told Reyes, “The Commonwealth provided a signed statement that you told Sgt. Jason Lizama not to worry about the pala-pala issue because the [former] governor was the one who told you to do it. The one representing you is the brother of the former governor [who also] represents the former governor in Criminal Case 23-0127. This is adverse to your interest,” the judge added.
She then told Fu, “The Commonwealth provided evidence of more than $600,000 of checks from the CNMI Treasury to F&S Corporation while Ralph DLG Torres was governor. Many of these checks/funds were from federal grants from which … the former Governor Torres was the expenditure authority. Your attorney represents Mr. Torres in Criminal Case 22-0050.”
The judge added, “This is adverse to your interest. Your attorney might be reluctant to provide unconflicted advice on issues including former Governor Torres …, plea agreement and offers of immunity for testimony against the former governor.”
Reyes told the court that he wished to remain with his current attorney.
Fu, through an interpreter, likewise told the court that he will remain with his current counsel.
Judge Kim-Tenorio ordered the defendants to file an affidavit stating that they are waiving the conflict of interest.
She said a written order will be issued.
The judge also discussed other motions by the parties, among them the request to continue the jury trial, which she granted.
Judge Kim-Tenorio scheduled the jury trial for Jan. 13, 2025.
She likewise modified Fu’s bail order, finding him a flight risk. She ordered him to surrender his passport or, if he had none, not to apply for a new one.
According to the information filed by the Office of the Attorney General in Superior Court, on or about Oct. 4, 2022, on Saipan, “Nick Masga Reyes agreed with … Chuilian Fu, that one or both would engage in or solicit theft of property by deception, to wit, the construction of a patio at the Parole Office purported to be constructed by a tailoring company owned by Chuilian Fu’s F&S Corporation, in the amount of $9,997.80, but actually constructed by uncompensated labor performed by parolees under the direction of Nick Masga Reyes, made punishable by 6 CMC §1603.”
Reyes currently has no valid contract with the Board of Parole, but according to its chairman, Christopher Leon Guerrero, “Reyes officially is still on leave due to the allegations.”
