HAGÅTÑA (The Guam Daily Post) — Department of Public Health and Social Services officials will be arguing on Monday, Jan. 22, to disqualify the Office of the Attorney General from prosecuting a corruption case.
On Monday, Jan. 15, DPHSS Director Arthur San Agustin and chief environmental health officer Masatomo “Tom” Nadeau appeared in the Superior Court of Guam for a case where they face criminal charges related to approving sanitary permits for 15 public schools without performing legally required inspections.
The hearing came before Judge John Terlaje, who had been assigned as the judge after months were spent by defense attorneys to disqualify a judge who they said had a conflict of interest. Terlaje granted the motion to disqualify Superior Court of Guam Presiding Judge Alberto Lamorena III.
In his first hearing presiding over the case, Terlaje sought to catch himself up on the proceedings. San Agustin’s attorney, Joaquin “Jay” Arriola, said there were several motions pending. One of the motions is to disqualify the AG’s Office from prosecuting San Agustin and Nadeau on corruption charges, based on the OAG’s possible conflicts of interest.
Arriola further suggested the motion to disqualify the AG’s Office should be heard first because San Agustin has asserted his right to a speedy trial. Terlaje agreed, considering it to be the best use of time.
Arriola also said the motion will require an evidentiary hearing, where the defense will call witnesses to testify and be similar to a hearing held in another corruption case involving the Guam Regional Transit Authority.
GRTA
Five Transit officials face corruption charges related to the hiring of the former interim executive manager of the GRTA, Richard Ybanez, without Ybanez “having a requisite college degree.”
In that case, GRTA board Chair Alejo Sablan, who is represented by Arriola, filed a similar motion to disqualify the AG’s Office from prosecuting and an evidentiary hearing was held in November 2023.
The basis of the argument to disqualify was that since the AG’s Office, in particular Tom Keeler, an attorney in the civil division, “regularly interacted” with and guided Ybanez and the GRTA board, the AG’s Office should be disqualified from prosecuting Sablan.
Additionally, the evidentiary hearing included Keeler and Chief Deputy Attorney General Joseph Guthrie being called to testify about the discussions they had regarding Ybanez’s qualifications before Ybanez, Sablan and three other Transit officials were indicted with corruption charges.
Arriola on Monday, Jan. 15, told Terlaje the motion heard before Judge Alberto Tolentino remains under advisement, but that the motion and evidentiary hearing for DPHSS will be “very, very similar.”
Arriola added he will be calling Guthrie to testify, along with Sandra Cruz Miller, a former assistant attorney general who advised Public Health on how sanitary permits should be handled.
Masatomo “Tom” Nadeau
