ATTORNEY Richard Miller told the federal court at a pre-trial conference last week that the defense may renew their motion to subpoena records from the Bureau of Motor Vehicles after the prosecution disclosed that it was still waiting to obtain additional witnesses’ records.
Miller represents Bonifacio “Boni” Sagana, who is accused of involvement in a scheme to produce counterfeit CNMI driver’s licenses.
Miller informed the court that he may have a rebuttal witness who will testify virtually from off-island, and that he will file a formal request with the court.
For his part, the prosecutor, Assistant U.S. Attorney Albert Flores Jr., informed the court that the federal government has “tendered all discovery in its possession,” but is expecting to obtain additional records pertaining to their witnesses, and that it will disclose those records to the defense as soon as the federal government receives them.
Flores said the federal government will not have any witnesses testifying virtually.
Assistant U.S. Attorney Ashley Kost also represents the federal government in the case.
Both the defense and prosecution told Chief Judge Ramona V. Manglona of the District Court for the NMI that they do not have any stipulations at this point in the proceedings.
The parties are negotiating a stipulation regarding a laptop and cell phone that were seized, which would “obviate the need for an expert to testify about those items.”
Judge Manglona ordered the parties to file trial briefs under seal, adding that the briefs will be automatically unsealed after empanelment.
The trial briefs are due on June 29, 2023, one week before the trial is to begin with jury selection.
Jury selection starts on Thursday, July 6, 2023, at 10 a.m., and will continue until a jury is empaneled.
The judge said there will be two alternates to the 12 jurors, and that the jury list will be released to the parties by Friday, June 30, 2023.
Sagana remained released under his own recognizance.
On Jan. 31, 2022, the federal court issued an arrest warrant for Sagana after he was indicted on the charge of conspiracy to unlawfully produce an identification document.
According to other defendants, it was Sagana who arranged for them to fraudulently obtain a CNMI driver’s license using a counterfeit U.S. immigration visa number.
Sagana was arrested on May 16, 2022, in Wisconsin.
The federal court then authorized the U.S. Marshals Service to provide Sagana with funds so he could travel from Green Bay, Wisconsin, to Saipan, and pay for his subsistence expenses.
Boni Sagana
