By Bryan Manabat
[email protected]
Variety News Staff
ASSISTANT Attorney General Olga Kelley said she will file a motion to dismiss the misconduct in public office charges against Lt. Governor Dennis James C. Mendiola and co-defendants Department of Fire and Emergency Medical Services Lt. Justin Paul Mizutani and CNMI Homeland Security and Emergency Management employee Joey Vincent Dela Cruz, after the Superior Court ruled that prosecutors failed to follow required criminal procedures.
Kelley confirmed she would file the dismissal motion by the end of the business day following Superior Court Associate Judge Joseph N. Camacho’s decision Monday, Jan. 26, granting Mendiola’s request to strike the first amended information in its entirety.
Judge Camacho found that the government did not seek leave of court before filing the amended charging document, as required under Rule 7(e) of the Commonwealth Rules of Criminal Procedure. Because prosecutors did not obtain permission, the court granted the defense motion to strike the amended filing.
The defendants 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 stemmed from a Public Integrity Task Force investigation into conduct dating back to 2022.
On Dec. 17, Judge Camacho granted Mendiola’s request for a bill of particulars, ruling that the original information lacked sufficient detail for the defense to understand the allegations or prepare for trial.
In response, Kelley filed a first amended information on Dec. 31, expanding the case from six to 17 counts and adding extensive factual detail. The amended filing included statutory citations, expanded timelines, vehicle models and license plates, specific dates and locations, and an estimated $61,000 in unpaid vehicle rentals, plus additional unauthorized shipping costs. Each count outlined potential penalties of up to 10 years in prison, $50,000 in fines, and 10-year bans on government employment.
At Monday’s hearing, Mendiola’s attorney, Bruce Berline, argued that the prosecution sidestepped the court’s order by filing a new charging document instead of supplying the required particulars.
“The government has muddied the waters,” Berline said, adding that Kelley’s filing went beyond what the court had ordered.
Attorneys Charity Hodson, representing Dela Cruz, and Joey San Nicolas, representing Mizutani, joined Berline’s motion and arguments.
Judge Camacho emphasized that a bill of particulars and an amended information are distinct filings and that the prosecution had not followed the proper procedure.
Kelley told the court she previously served as a criminal and immigration prosecutor in other jurisdictions, including California, and said she was not accustomed to filing bills of particulars in criminal cases.
Berline countered that the prosecution was required to provide the bill of particulars to the original information — not expand the case with new charges. He recommended that the government voluntarily dismiss the case and refile if it chooses to pursue the matter.
After the hearing, Mendiola told reporters he was relieved.
“I’m just glad that we are out of this predicament,” he said. “It is sad to know the two other defendants, including myself, go through all this process and then find out that there’s a lot of technicality that has been misstepped throughout these proceedings. I hope the Office of the Attorney General considers that and hopefully gives it a rest so we can continue to try to save the CNMI from this economic slump. I think we’ve got bigger problems than what we are facing in the courtroom.”
Asked about the impact of the case, Mendiola said the ordeal had been difficult for all involved.
“The shame and a lot of the hardship it put upon the families is disheartening,” he said. “Just to dismiss this and allow us to move forward with our lives and continue to serve the public in our official capacities… Today is a good day, and hopefully we can move on and make things better.”
On the possibility of the charges being refiled, he said, “If they file the case, I have no choice but to face it again, but it’s not something I’m looking forward to.”
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 alleged the 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 were accused of assisting or participating in related vehicle rentals and authorizations.
All three defendants have pleaded not guilty.
Once the prosecution files its motion to dismiss, the court is expected to vacate the jury trial 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.
