Pai through her attorney Rexford C. Kosack asked the court to dismiss the case “on the ground that it fails to adequately allege criminal offense.”
Kosack also filed a motion for discovery that included “any documents reflecting or relating to the involvement of [Attorney General] Edward T. Buckingham in the decision to charge this case.”
Buckingham has been publicly feuding with Pai’s husband, Public Auditor Mike Pai.
Kosack also asked the CNMI government for “any and all evidence as to who created the illegal bypass connection” in this case.
He likewise requested copies of DPS incident and investigation reports about illegal bypass connections.
Kosack said the facts alleged do not state an offense.
Moreover, he added, the law cited does not state an offense.
Third, the information alleges that Mrs. Pai received the benefit of utility services in excess of $50.
“But Mrs. Pai is not the customer. The utility account is in the name of another person. The government should be aware of this fact,” Kosack said.
