FORMER Gov. Ralph DLG Torres, Nick Masga Reyes and Chuilian Fu have filed a waiver of conflict of interest in Superior Court, each acknowledging and giving consent to be represented by the same lawyer in their respective cases.
Fu, owner of F&S Corporation, and his co-defendant, former Chief of Parole Nick Reyes, were charged with conspiracy to commit misconduct in public office, conspiracy to commit theft by deception, and one count of theft by deception.
Both have pled not guilty.
Reyes and Fu are represented by attorneys Joaquin Torres and Anthony Aguon, who also represent the former governor in a separate case.
The former governor is represented by attorney Joaquin Torres in CR 23-0127 (contempt), and by attorney Anthony Aguon in CR 22-0050 (misconduct in office).
In a previous order, Associate Judge Teresa Kim-Tenorio said there was a conflict of interest in the defendants’ representation, but she said the conflict was waivable.
She ordered Reyes and Fu to file an affidavit stating that they were waiving the conflict of interest.
For his part, former Governor Torres said he acknowledges and has been informed of the possible adverse consequences of such representation and has had the opportunity to seek independent legal advice.
“I consent to Attorney Aguon’s concurrent representation of myself and Chuilian Fu,” the former governor said.
Likewise, he said, “I consent to attorney Torres’ concurrent representation of myself and Nick Masga Reyes.”
Reyes and Fu did the same.
According to the information filed by the Office of the Attorney General in Superior Court, on or about Oct. 4, 2022, “Nick Masga Reyes agreed with … Chuilian Fu that one or both would engage in or solicit theft of property by deception, to wit, the construction of a patio at the Parole Office purported to be constructed by a tailoring company owned by Chuilian Fu’s F&S Corporation in the amount of $9,997.80, but actually constructed by uncompensated labor performed by parolees under the direction of Nick Masga Reyes, made punishable by 6 CMC §1603.”
Following a request from the parties, Judge Kim-Tenorio also rescheduled the jury trial from July 15, 2024 to Jan. 13, 2025.
