By Bryan Manabat
[email protected]
Variety News Staff
SUPERIOR Court Associate Judge Lillian Ada Tenorio has taken under advisement a motion to dismiss three criminal charges against Department of Lands and Natural Resources Secretary Sylvan O. Igisomar following arguments presented by the parties on June 4.
Only one of the three defendants — acting Division of Fish and Wildlife Director Rosemary C. Camacho — was present in court, accompanied by her attorney Joaquin Torres. Igisomar did not appear, and DFW Conservation Officer Ignacio I. Yiftheg, represented by public defender Emily Thomsen, also did not attend and did not join the motion to dismiss. The case is being prosecuted by Assistant Attorney General Olga Kelley.
Attorney Viola Alepuyo, representing Igisomar, urged the court to dismiss Counts 1, 2 and 3 of the First Amended Information, arguing that the charging document is legally deficient and fails to provide adequate notice of the allegations.
Alepuyo argued that Count 1, misconduct in public office, does not properly allege the required criminal intent and improperly combines multiple legal theories into a single charge. She said references to Commonwealth Code provisions involving Office of Public Auditor referrals and post-conviction employment bans are unnecessary and prejudicial.
On Count 2, theft of services, Alepuyo said prosecutors are effectively charging the same conduct twice, because the alleged theft serves both as a standalone offense and as the underlying conduct supporting the misconduct charge. She described this as an improper multiplicity issue.
For Count 3, child abuse or child endangerment, Alepuyo said the information fails to allege essential statutory elements, including that the children were minors or that any actual or threatened harm occurred. She argued that merely alleging Igisomar transported his children on a government boat without authorization does not constitute child abuse under CNMI law.
Alepuyo said the amended information must be a “plain, concise, and definite” statement of essential facts and argued that it does not meet that standard. Alternatively, she requested an evidentiary hearing on what she described as possible selective or arbitrary prosecution, noting that similar alleged misuse of government property by other officials has not always resulted in criminal charges.
Kelley countered that the challenged statutory references are not separate crimes but provide notice of potential consequences if a defendant is convicted, comparing them to sentencing enhancement notices used in other jurisdictions. She said the information adequately alleges criminal intent, pointing to language stating that Igisomar “knowingly diverted” government resources for personal use.
She also argued that the misconduct and theft counts are distinct offenses reflecting legislative intent to impose additional penalties when public officials commit crimes while acting in their official capacities.
Kelley noted that the information does not expressly state that the children were minors but said the government’s theory is clear and that placing children aboard a law enforcement vessel without authorization exposed them to risk.
Torres, representing Camacho, joined portions of the defense argument, saying references to Office of Public Auditor statutes are not elements of the charged offenses and could confuse a jury. He also challenged one misconduct-in-public-office count against Camacho, arguing that prosecutors failed to identify the specific legal duty she allegedly failed to perform.
Tenorio said she will issue a ruling at a later date. A further hearing is scheduled for Monday, June 8, at 9 a.m.
Bryan Manabat was a liberal arts student of Northern Marianas College where he also studied criminal justice. He is the recipient of the NMI Humanities Award as an Outstanding Teacher (Non-Classroom) in 2013, and has worked for the CNMI Motheread/Fatheread Literacy Program as lead facilitator.
