JUDGE Pro Tempore Arthur Barcinas said the prosecution did not meet the standards of the service process in the refiled contempt case against former Gov. Ralph DLG Torres.
The judge held a hearing on Monday morning but declined to continue the proceedings until the prosecution has “effectuated a proper service of process.”
“Until that is done…the court will take no further action,” the judge added.
At the hearing, defense attorney Joaquin Torres told the court, “I’m trying to see the penal summons…. We don’t know why we’re here. We don’t have the information. I contacted the officer who served my client about the information. We want to know what my client is being charged for. We still don’t have that; it’s been 11 days already…so we don’t know why we are here other than the penal summons [that] says it’s for an arraignment.”
The lawyer added, “The government filed their information on Oct. 27 and the penal summons was not issued until Dec. 7, and there was no information attached to it. Where is the due process here?”
Assistant Attorney General James Robert Kingman told the defense that the information was available through the court’s filing system.
Noting the lack of government resources, he said he was unable to provide a hard copy of the information to the defense during the hearing.
Kingman said he does not have an office, a computer printer, or staff.
Attorney Torres replied, “Now the prosecution suggests that it is my duty or my client’s duty to go look for the information. Where is the due process here? The prosecution is trying to shift all the burden to us. I just don’t understand why this is so difficult. I don’t know what we are doing here. The government assumed that the information was served with the penal summons. My client’s life is at stake here. We don’t take the rules lightly.”
After hearing from the parties, Judge Barcinas directed the prosecution to either refile the penal summons or file an amended penal summons.
The judge noted that the defendant has a right to assert his procedural rights.
After the hearing, reporters asked Kingman for a statement.
He said, “Procedural stuff…is pretty unique in the Commonwealth…. Judge Barcinas wants to have a new penal summons issued so that’s what we will do.”
Asked about the lack of government resources that he mentioned in court, Kingman said, “No, I’m not going to talk about that.”
On April 8, 2022, the AG’s office filed a criminal case against former Gov. Torres, alleging 12 counts of misconduct in public office and one count of theft relating to the issuance of airline tickets for business class, first class, or other premium class travel for himself and/or Diann T. Torres, his wife.
The case also alleged one count of contempt for failure to appear in compliance with a legislative subpoena.
The former governor has denied the charges.
In September 2022, Judge Pro Tempore Alberto Tolentino dismissed without prejudice the contempt charge against the former governor. The judge found “impermissible exposure to privileged and confidential information that prevents [Chief Solicitor J. Robert] Glass [Jr.] from prosecuting [the defendant] for Count XIV (Contempt).”
Without prejudice means it can be refiled.
After Judge Tolentino, who is from Guam, recused himself from the case due to health reasons, the CNMI Supreme Court appointed Judge Barcinas, who is also from Guam, to preside over the case.
On Oct. 26, 2023, Kingman refiled a separate charge of contempt and misconduct in public office against the former governor.
