By Bryan Manabat
[email protected]
Variety News Staff
ATTORNEY Viola Alepuyo is asking the Superior Court to dismiss misconduct charges against her client, Department of Land and Natural Resources Secretary Sylvan O. Igisomar. Alepuyo argues that prosecutors are applying the law arbitrarily and inconsistently.
In an 18-page motion to dismiss, Alepuyo said the government’s charge of misconduct in public office “appears to reflect arbitrary and inconsistent enforcement of the statute.”
She noted that Igisomar, a cabinet-level official nominated by the governor and confirmed by the Senate, is being prosecuted based on allegations in the first amended information. By contrast, another similarly situated official — Department of Public Works Secretary Ray Yumul — was not charged with misconduct in public office after being arrested for driving under the influence while operating a government vehicle.
“Despite allegations that Mr. Yumul committed a criminal offense while operating a government vehicle in a manner that posed danger to the public, he was not charged with misconduct in public office,” Alepuyo said. “The disparate treatment of these similarly situated public officials raises a serious question whether the statute prohibiting misconduct in public office is being enforced in an arbitrary and uneven manner.”
Alepuyo argued that criminal laws must be applied evenly and without arbitrary distinctions. She also said Counts 1 and 2 against Igisomar fail to allege the required mens rea and are both duplicitous and multiplicitous.
Mens rea is a legal term (from Latin) that means “guilty mind.” It refers to the mental state or intent a person had when committing a crime.
“Because the same conduct and same statutory violation form the basis for both counts, the prosecution has effectively divided a single alleged offense into two separate counts,” Alepuyo said. “The law does not permit the government to multiply charges merely by attaching different statutory labels to the same underlying acts.”
She added that the information does not identify any separate factual act distinguishing Count 1 from Count 2.
“Both counts arise from the identical alleged incident on Sept. 28, 2024, involving the same DFW boat, the same DLNR vehicle, the same alleged trip to Managaha, and the same individuals,” Alepuyo said.
Regarding Count 3, Alepuyo said the child abuse allegation fails to state an essential element of the offense.
Background
Igisomar, 49, pleaded not guilty in December to charges stemming from the alleged personal use of a Division of Fish and Wildlife law enforcement boat and a DLNR vehicle. He faces charges of misconduct in public office, theft of services, and child endangerment.
Acting DFW Director Rosemary C. Camacho, 58, and DFW Conservation Officer Ignacio I. Yiftheg, 45, also pleaded not guilty. They each face three counts of misconduct in public office, forgery, and conspiracy.
Court documents allege that on Sept. 28, 2024, Igisomar used the agency’s boat and vehicle to travel between Saipan and Managaha for personal purposes, including transporting his two children. Prosecutors say the trip diverted government resources for private benefit and placed the children at risk.
Camacho and Yiftheg are accused of altering daily activity reports of DFW employees Kimo R. Lisua and Branden A. Manglona to conceal the unauthorized use. Yiftheg allegedly facilitated the transportation of Igisomar and his children aboard the boat. As acting director, Camacho is accused of failing to discipline Yiftheg.
Yiftheg appeared at Thursday’s hearing with his counsel, Assistant Public Defender Emily Thomsen, who declined to comment on the case afterward. Camacho, represented by attorney Joaquin Torres, has also asked the court to dismiss the misconduct charges. Torres said the count against her is deficient because it does not identify the source of the “law” that created the alleged duty she violated, nor does it specify the illegal expenditures that resulted from the alleged neglect.
Associate Judge Lillian Tenorio has scheduled a hearing on the motions to dismiss for April 23.
At the status hearing Thursday morning, the parties agreed to set the jury trial for Aug. 3. However, Variety later learned that the week of Aug. 3 is already reserved for another trial. Judge Tenorio has instructed court staff to notify the parties of the scheduling conflict. She will issue a new trial date after consulting with counsel.
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.
