OPA, Fitial in talks to possibly resolve case

Office of the Public Auditor legal counsel George Hasselback and the lawyer of former governor Benigno R. Fitial are now working to possibly resolve the criminal case against Fitial without going to trial.

Hasselback and attorney Stephen Nutting informed Superior Court Associate Judge David A. Wiseman yesterday afternoon about the parties’ intent to resolve the case.

Wiseman gave the parties more time and ordered them to return to court on March 18 at 1:30pm for a status conference.

Wiseman recently granted Hasselback’s motion to reconsider the dismissal of the criminal charges against Fitial. In granting the motion, the judge basically reinstated four of the 13 criminal charges against the former governor.

In an interview after the hearing, Nutting said after Wiseman made his decision to at least partially reconsider his earlier order, the judge set the status conference for yesterday to get the case moving again.

Nutting said he has not been able to speak with Hasselback much because of his schedule.

“I want to work with him a little bit to see what we can do to maybe resolve the matter short of trial if that’s all possible,” the lawyer said.

Nutting said almost in every case that is pending, the person prosecuting the case and the person defending him try to work together to see if something can be done short of trial.

“And that’s exactly what we’re going to do,” he said.

Nutting said he hasn’t had a chance to speak with Fitial until yesterday when he told him what exactly they are going to do in the proceeding.

“He sounded well. He’s heading to San Diego [from the Philippines] to have some more medical work done on his back. But he sounded in good spirits,” the lawyer said.

Nutting said he has not talked with Fitial either whether he is willing to enter into some sort of non-trial disposition or not.

“If he wants to go all the way forward to vindicate himself, the answer is it’s going to be up to him. And I don’t know what that is,” he said.

Hasselback disclosed that he and Nutting spoke beforehand on what they think might be constructive before they get a trial date.

When asked if OPA has offered Fitial a plea agreement, Hasselback said that is something he is not prepared to discuss publicly.

“As you heard in court today, we are discussing. Mr. Nutting and I are discussing some options but I am not prepared to discuss the details,” he added.

The remaining four charges against Fitial refer to alleged criminal activity associated with the police escort provided former attorney general Edward T. Buckingham in August 2012 that shielded him from being served with penal summons.