By Bryan Manabat
bryan@mvariety.com
Variety News Staff
LIEUTENANT Gov. Dennis James C. Mendiola’s lawyer said prosecutors have disregarded “rudimentary” criminal procedure by filing a sweeping first amended information without court approval, prompting a motion asking the Superior Court to strike the filing entirely as the case moves toward a March trial.
Mendiola and co-defendants Department of Fire and Emergency Medical Services Lt. Justin Paul Mizutani and Joey Vincent Dela Cruz of CNMI Homeland Security and Emergency Management were originally charged in August 2025 with six counts of misconduct in public office and theft, tied to alleged misuse of public funds and unauthorized vehicle rentals. The charges stem from a Public Integrity Task Force investigation into conduct dating back to 2022.
Earlier, Associate Judge Joseph N. Camacho granted Mendiola’s request for a bill of particulars on Dec. 17, ruling that the original information lacked sufficient detail for the defense to understand the allegations and prepare for trial.
Following that order, Assistant Attorney General Olga Kelley submitted a first amended information on Dec. 31, expanding the case from six to 17 counts and adding extensive factual detail. The amended filing includes specific statutory citations, expanded timelines, vehicle models and license plates, and exact dates and locations. It also quantifies alleged losses to the Commonwealth at more than $61,000 in unpaid rentals, plus thousands in unauthorized shipping costs. Each count cites the applicable CNMI statutes and outlines potential penalties, including up to 10 years in prison, $50,000 fines, and 10-year bans on government employment.
Defense attorney Bruce Berline argues the government filed the amended information without seeking leave of court, as required under Rule 7(e) of the Commonwealth Rules of Criminal Procedure.
“The Government has muddied the waters,” Berline wrote, saying prosecutors attempted to sidestep the court’s order by filing a new charging document instead of supplying the missing particulars.
In a motion filed Jan. 21, Mendiola asked the court to strike the amended information entirely, calling it a clear violation of Rule 7(e), which requires court approval for any amendment and prohibits adding new or different offenses without judicial review.
The amended filing adds six new counts against Mendiola alone, Berline noted, making it “precisely the type of amendment that requires judicial oversight.”
“The Government was required to move the Court for permission,” the motion states. “It did not. Instead, it improperly filed the Amended Information without informing opposing counsel or this Court.”
Underlying allegations
The case centers on allegations that between April 2022 and April 2023, Mendiola authorized the transport of private and rental vehicles on government-chartered vessels and approved or used multiple rental vehicles without budget authority. Prosecutors say these actions caused tens of thousands of dollars in losses to the Commonwealth. One of the transported vehicles was allegedly taken without the rental company’s consent, forming the basis of a theft charge. Mizutani and Dela Cruz are accused of assisting or participating in related vehicle rentals and authorizations.
All three defendants have pleaded not guilty.
Defense renews push to dismiss original counts
Berline also reiterated his earlier request to dismiss Counts I and II of the original information, arguing that neither the initial nor amended filings identify any statute, rule, or regulation that makes the alleged acts illegal. Prosecutors merely claim the actions were “not authorized by law,” which Berline says is insufficient to support a criminal charge or allow Mendiola to prepare a defense.
“An act that is not authorized by law is a far cry from an act that is prohibited by law,” he wrote.
The jury trial against the defendants is scheduled for March 9, 2026.
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.
