Two Roberto witnesses indicted for allegedly lying

Two of Raymond B. Roberto’s nine witnesses were indicted in federal court for allegedly making false statements or changing their stories during Roberto’s trial.

The indictment charged Richard Sullivan Benavente with three counts of perjury and one count of obstruction of justice. It also includes a criminal forfeiture allegation.

A separate indictment charged Randy A. Igisomar with one count of perjury, one count of obstruction of justice, and one count of false statement. It also includes a criminal forfeiture allegation.

Benavente, 44, is a former firefighter who pleaded guilty to a count of exploitation of a child. During Roberto’s trial, he testified that, among other things, he owned the cell phone with the number 789-3443. One of Roberto’s three alleged underage victims had testified that Roberto used that number.

Igisomar, 22, was one of three men who bludgeoned to death a school security guard in 2008 and was sentenced in 2011 to 22 years in prison. During Roberto’s trial, he testified that Roberto never instructed his friend during a phone conversation to get rid of her cell phone’s SIM card.

The indictments were filed last Sept. 23, but U.S. District Court for the NMI Chief Judge Ramona V. Manglona unsealed the cases only yesterday afternoon at the U.S. government’s recommendation.

Benavente and Igisomar were taken to court yesterday for their initial appearance/arraignment.

Attorney Michael Dotts appeared as court-appointed counsel for Benavente, who pleaded not guilty. Benavente’s jury trial will start on Dec. 8, 2014.

Attorney Robert T. Torres was appointed counsel for Igisomar, but he was unable to appear in court. Igisomar’s hearing was reset for today, Thursday, at 1pm.

According to the indictment filed against Benavente, the defendant committed three counts of perjury and one count of obstruction of justice during his testimony for Roberto last Sept. 9.

One count of perjury refers to Benavente’s testimony when he stated that he used 789-3443 at one short period from the mid-part of June to July in 2013.

He testified that he got the phone from two of the three alleged victims and that he actually used the SIM card in that cell phone in calling the girls or other girls.

The second count of perjury pertains to Benavente’s testimony when he stated that he used the phone on the day when he was arrested in July 16 or 19, 2013, and that he surrendered everything to the Department of Public Safety, including the phone with number 789-3443 and another cell phone with number 789-3503.

Count 3 perjury pertains to Benavente’s testimony that he was just agreeing to whatever questions Federal Bureau of Investigation special agent Haejun Park was asking.

According to the indictment, Benavente’s false statements “did corruptly obstruct, influence, and impede, and attempted to corruptly obstruct, influence, and impede, a proceeding before a judge or court of the United States.”

In the indictment against Igisomar, one count of perjury relates to his Sept. 10 testimony when he made a declaration inconsistent with a prior declaration he made while under oath in a grand jury proceeding.

Specifically, on May 6, 2014, while appearing as a witness under oath before the federal grand jury, Igisomar testified that he spoke in Chamorro to his friend on the phone and that Roberto told him to tell his friend to get rid of her phone number.

Igisomar stated that he told his friend to get rid of the number because Roberto instructed him to tell it to her right there.

However, during his testimony during the trial on Sept. 10, Igisomar stated that his conversation on the phone with his friend was in English.

Igisomar also stated that Roberto asked his (Igisomar) friend if she can call her sister in Guam to contact his (Roberto) lawyers and the private investigators.

Igisomar also testified that he did not hear Roberto telling his friend to throw a cell phone.

In an interview with an FBI special agent last Aug. 8, Igisomar allegedly represented that when he had previously said that Roberto had told him to tell his friend to discard a certain cell phone or SIM card, he had been “mistaken.”

Igisomar knew that his representation was false and fraudulent in that his previous representation was correct and that his purpose in claiming to have been “mistaken” was to obstruct justice, according to the indictment.

On Monday, the federal court jury unanimously acquitted the 41-year-old Roberto of all charges that he enticed three minor girls to engage in prostitution and tampered a witness while he was in jail.

Roberto is a former acting director of the Division of Fish and Wildlife.