LEGISLATORS, legislative staffers, Bank of Saipan employees and other individuals, including the prosecutor, have been subpoenaed by the defense to testify in the bench trial of Shayne Villanueva on Nov. 6.
Villanueva has been charged with contempt of Legislature.
“Failure to comply with this subpoena may constitute the crime of contempt of court and a warrant may be issued for your arrest,” according to the summons issued by Superior Court Clerk of Court Patrick Diaz on Oct. 16, 2024.
The court issued 11 separate summons stating: “YOU ARE HEREBY COMMANDED pursuant to the Northern Mariana Islands Rule of Criminal Procedure 17 to appear and testify before the Superior Court for the Commonwealth of the Northern Mariana Islands…in Susupe, Saipan, before Presiding Judge Roberto C. Naraja in Courtroom 202A at the hour of 9 a.m. on the 6th day of November 2024, in the above-entitled matter.”
Attorney Keith Chambers, who represents Villanueva, subpoenaed the following lawmakers: Speaker of the House Edmund S. Villagomez, Rep. Ralph N. Yumul, House Floor Leader Edwin K. Propst, and Rep. Blas Jonathan “BJ” Attao.
Chambers also subpoenaed Bank of Saipan officials Gina Muna and Karen Kalen.
Likewise, the defense attorney subpoenaed Assistant Attorney General James Robert Kingman (who is prosecuting the case), Office of the AG investigator Ikluk Masayos, Legislative Sgt.-at-Arms Pedro Towai, former Rep. Tina Sablan, and Saipan Tribune reporter Kimberly B. Esmores.
Background
Villanueva is the owner of Roil Soil Marketing, which the administration of then-Gov. Ralph DLG Torres contracted to help implement BOOST in 2022.
BOOST stands for “Building Optimism, Opportunities and Stability Together,” a $17 million federally funded program.
On March 5, 2024, Villanueva appeared before the House Special Committee on Federal Assistance & Disaster-Related Funding and invoked his Fifth Amendment right when asked questions about BOOST. After the committee found him in contempt, Speaker Villagomez transmitted to Attorney General Edward Manibusan a “certification of statement of contempt” pertaining to Villanueva.
On March 22, 2024, Villanueva self-surrendered at the Department of Corrections after an arrest warrant was issued against him for contempt. He posted a $1,000 bail for his release.
During an arraignment on April 2, 2024, Villanueva pled not guilty to the charge of contempt of Legislature.
Last month, Chambers requested the Superior Court to reconsider its ruling denying the defense motion to dismiss the contempt of Legislature case.
“This motion is necessary to correct a clear error and prevent manifest injustice,” Chambers said. “Specifically, the Commonwealth was investigating Mr. Villanueva prior to the March 5, 2024, hearing, [and] the Commonwealth made this known to Mr. Villanueva through this counsel and has conceded that Mr. Villanueva has criminal exposure with regard to the questions to which Mr. Villanueva pled the Fifth. Therefore, it would be manifestly unjust for the court to not overturn the Order with respect to its findings on whether Mr. Villanueva had the right to plead the Fifth here,” Chambers added.
Presiding Judge Naraja has yet to issue a ruling on the defense motion for reconsideration.
