By Bryan Manabat
bryan@mvariety.com
Variety News Staff
ATTORNEY Bruce Berline has filed a motion on behalf of Lt. Gov. Dennis James C. Mendiola, arguing that prosecutors have failed to specify what “illegal act” underlies the misconduct charges against him.
The motion, filed on Dec. 1 in Superior Court, asks Judge Joseph N. Camacho — who is handling the case — to order the prosecution to provide a bill of particulars detailing the basis of Counts I, II, and IV of the criminal information. Each count accuses Mendiola of “Misconduct in Public Office” under 6 CMC §3202(b)(1), a statute Berline describes as “broad and vague.”
According to the motion, the government has not identified any statute, rule, or regulation that makes Mendiola’s alleged conduct unlawful. Without this, Berline argues, the charges fail to inform him of the precise offense.
Under the statute, punishment depends on whether the act is a felony, misdemeanor, or not a crime at all. Berline asserts that without knowing which category applies, Mendiola cannot prepare a defense or understand the potential consequences.
The attorney also contends that the lack of detail prevents Mendiola from asserting a statute-of-limitations defense, since the applicable time limits depend on the severity of the alleged offense.
Berline warns that vague charges could expose Mendiola to future prosecutions for the same conduct, violating constitutional protections. He stresses that without specifics, the defense risks being surprised at trial and cannot adequately challenge the government’s claims.
The charges stem from Mendiola’s tenure as a Homeland Security and Emergency Management special assistant in 2022, when he allegedly misused government vessels and resources. Prosecutors say he authorized the transport of private and rental vehicles on chartered supply ships and, along with co-defendants Justin Paul Mizutani and Joey Vincent Dela Cruz, left the government with more than $61,000 in unpaid rental fees.
Berline asks the court to compel prosecutors to spell out:
• The exact law or regulation allegedly violated
• Whether each act is a felony, misdemeanor, or non-criminal offense
• The mental state required for the charges
• The dates of the alleged conduct
• How the Commonwealth allegedly suffered financial loss
• Which agency’s funds were involved
A hearing on the motion is set for Dec. 17 at 10 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.
