Justices hear Ogumoro petition to stop Wiseman from presiding over his case

The CNMI Supreme Court heard yesterday a petition filed by former Department of Public Safety deputy commissioner Ambrosio T. Ogumoro that seeks to prevent Superior Court Associate Judge David A. Wiseman from presiding over his criminal case for his alleged role in shielding then-attorney general Edward Buckingham from being served with penal summons in 2012.

The justices also heard Ogumoro’s other petition that seeks to prohibit the Superior Court from appointing former Office of the Public Auditor legal counsel George L. Hasselback as special prosecutor in the case.

Associate Justice John A. Manglona and Associate Justices Pro Tem Robert Torres and Herbert Soll later placed the matter under advisement.

Ogumoro, through counsel Edward Arriola Sr., petitioned the Supreme Court to compel Wiseman to recuse from the case. If not, Ogumoro asked the high court to issue a writ of prohibition to prevent Wiseman from presiding over the case.

Ogumoro’s petition argues that Wiseman erred in not recusing himself after making a probable cause determination in support of the arrest warrant for Ogumoro and for engaging in ex parte communications with the special prosecutor.

Ogumoro’s request for a writ of prohibition raises the issue whether the trial court erred in permitting then-OPA legal counsel Hasselback to prosecute this matter without first holding an evidentiary hearing.

At yesterday’s hearing, Arriola said his client is facing 15 counts of criminal charges and that only one count is for jury trial.

Arriola argued that Wiseman should have recused from the case because he already made a probable cause determination in issuing the warrant of arrest for Ogumoro.

Arriola said the justice system demands a fair trial and fair tribunal.

“It’s the basic principle of justice,” he pointed out.

Arriola said the issue is the mindset of a reasonable person, not the mindset of a judge.

“I’m more concerned of the public perception and not the judge’s mindset,” he said in response to Soll’s question.

Arriola agreed with Torres that Wiseman’s ruling was not a judgment on the merits, but he added that the judge reasonably believes that Ogumoro committed the offenses.

In the government’s opposition, Hasselback said Wiseman only determined probable cause and has not prejudged anyone.

Hasselback said if Arriola’s argument is to be followed, the CNMI would have a more expensive justice because more judges are needed since a judge issuing a warrant of arrest can’t preside over the trial of that case.

“[The] petition asks this court to punish a sitting judge for undertaking his sworn duty,” he said.

Hasselback said he came from a county in the United States where there was only one judge.

“We’re lucky here we have five judges,” he said.

On the issue of appointing a special prosecutor, Arriola said nothing in the record shows what the Office of the Attorney General did to screen whether any of the government prosecutors at that time were not conflicted to handle the case.

Arriola said there is not enough reason for the court to exercise its discretionary power to appoint a special prosecutor.

“The Attorney General should advise the court that we did this and this,” he said.

Arriola said it was fine with Ogumoro for the new AG Edward Manibusan or the new Chief Prosecutor Leonardo Rapadas to handle the case and not Hasselback.

Arriola said at this time, there is no need for a special prosecutor because the CNMI has a new elected AG and a new chief prosecutor.

In the government’s opposition, Hasselback asserted that it is the AG that determines whether the office is in conflict.

Aside from Ogumoro, the government, through Hasselback, also filed criminal charges against former governor Benigno R. Fitial, Fitial’s former personal driver and bodyguard Jermaine Joseph W. Nekaifes, Buckingham, former Commonwealth Ports police chief Jordan L. Kosam, and former police captain John T. Rebuenog.

Only the case against Ogumoro, Kosam, and Rebuenog are pending in court.

Fitial pleaded guilty, while Buckingham was convicted during a bench trial. The case against Nekaifes was dismissed.