Previous Story
Manglona denies motion to hold Roberto trial in Guam
»Defendant has 3 private counsels
The federal court has denied Guam attorney David J. Lujan’s motion to transfer to Guam the jury trial of his client, former acting CNMI Division of Fish and Wildlife director Raymond Borja Roberto, who is facing charges of witness tampering and enticing three underage girls to engage in prostitution.
At motions hearing on Wednesday that lasted more than three hours, U.S. District Court for the NMI Chief Judge Ramona V. Manglona first informed the parties that she has read all the briefs and that her inclination was to deny Roberto’s motion to change the trial’s venue.
Another private counsel for Roberto, attorney Ignacio Aguigui, who spoke on the phone, argued in support of the defendant’s motion. Attorney Joaquin Torres is also a private counsel for the defendant.
Assistant U.S. attorney Rami Badawy opposed the motion.
After hearing all the arguments, Manglona denied Roberto’s motion.
Lujan had argued that the trial should be moved to the U.S. District Court of Guam because Roberto would be unable to obtain a fair and impartial trial in the NMI.
Citing several articles in a newspaper (not Saipan Tribune), Lujan said every time a new superseding indictment is entered—in this case three times—the allegations against Roberto have been inaccurately publicized.
“The public has fallen prey to the inaccurate and sensational reports that the press and the government disseminated,” said Lujan, citing a reader’s comment on a newspaper’s online article (not Saipan Tribune).
The third superseding indictment filed month charged Roberto with three counts of enticement of a minor and one count of witness tampering.
In the third superseding indictment, assistant U.S. attorney Badawy alleged that Roberto persuaded three underage girls to have sex with him from March 1, 2013 to July 18, 2013.
On the witness tampering matter, Badawy stated that this happened on April 24, 2014, while Roberto was detained pending trial, when he attempted to influence the testimony of an individual.
According to the minutes of Wednesday’s hearing, Manglona also denied Roberto’s motion to dismiss the third superseding indictment for lack of specificity.
Lujan, who also appeared via phone, argued in support of Roberto’s motion. Assistant U.S. attorney Ross Naughton argued the prosecution’s opposition.
Manglona also denied Roberto’s amended motion to dismiss the third superseding indictment for insufficiency, failure to state an offense, and lack of jurisdiction.
