Prosecution rests after calling FBI special agent, 4 other witnesses

After calling Federal Bureau of Investigation special agent Haejun Park to the stand as the government’s fifth witness, the prosecution rested its case in the ongoing jury trial of former Department of Public Safety deputy commissioner Ambrosio T. Ogumoro.

Attorney Edward C. Arriola, counsel for Ogumoro, moved for judgment of acquittal, but Superior Court Associate Judge David A. Wiseman denied the motion.

Arriola said they are not sure if the defense will call any witness when the trial resumes today, Thursday.

Special prosecutor George L. Hasselback, counsel for the government, first called to the witness stand former Office of the Public Auditor investigator Juanette David-Atalig.

After David-Atalig, Hasselback then called police officers Juan Mendiola, Peter Camacho, Elias Saralu, and finally FBI special agent Park.

In the government’s opening statements, Hasselback said the evidence will show that on Aug. 3 and 4, 2012, law enforcement officers were trying to locate former attorney general Edward Buckingham and serve him with “some papers.”

Hasselback said the evidence will show Ogumoro organized the protective detail service and the purpose was to prevent Buckingham from being served.

If not for the intervention of two FBI special agents, Hasselback said, the documents would not have been served to Buckingham at the Delta Airlines VIP lounge at the airport on Aug. 4, 2012, at 4am.

Hasselback said the evidence will show that Ogumoro was the acting DPS commissioner and the “top cop” in the CNMI at that time.

He said as the “top cop” of the CNMI, Ogumoro ordered his officers to arrest a fellow officer who is trying to do her job.

In Ogumoro’s opening statements, Arriola said the two OPA investigators assigned to serve summons did not do their job.

Arriola said if the two investigators have done their job, they would have not been in court.

Arriola said the defendant acted reasonably and acted pursuant to the law as the acting DPS commissioner.

“He (Ogumoro) is authorized as DPS acting commissioner to provide escort services,” the defense lawyer said.

David-Atalig testified how she and her then-chief Juan Santos tried but failed to serve summons to Buckingham after the “higher up” from the Department of Public Safety threatened to arrest them on Aug. 3, 2012.

David-Atalig said she learned that the “higher up” being referred to by Police Officer Camacho was then DPS deputy commissioner Ogumoro.

David-Atalig said she and Santos proceeded to the Commonwealth Ports Authority, but before getting there, Camacho called, stating that their shift supervisor, Mendiola, instructed him to tell them to cease serving the penal summons to Buckingham or they would be arrested.

She said she was surprised with Camacho’s call and statement that they would be arrested if they would not cease the operation to serve the summons.

David-Atalig said apparently Ogumoro was upset as to who gave OPA authority to serve summons to Buckingham.

She said Camacho apologized, saying he could not assist them further.

They went back to the Aquarius Beach Tower Hotel and they learned that the Buckinghams were leaving Saipan that early morning of Aug. 4, 2012.

“I felt threatened, scared because I was threatened with an arrest,” she said.

She said Santos then called the FBI and informed them what happened.

David-Atalig said since OPA’s and DPS’ attempt to serve the summons failed, they called the FBI to make sure they could serve the summons.

David-Atalig described the scene at the airport in the early morning of Aug. 4, 2012, when Ogumoro was walking with the Buckinghams at the entrance of departure area.

She testified how the two FBI special agents managed to serve the summons to Buckingham at the airport.

David-Atalig, who is now a federal probation officer, said she was involved in the investigation pertaining to the shielding of Buckingham from being served with the penal summons.

She testified, among other things, about documents pertaining to Buckingham texting then-governor Benigno R. Fitial regarding penal summons.

Hasselback presented videos showing how Ogumoro and several other DPS and CPA officers escorted Buckingham from the Aquarius Beach Tower Hotel in Chalan Kanoa to the Saipan International Airport in the early morning of Aug. 4, 2012.

FBI special agent Park testified how he was involved in assisting OPA investigators in serving penal summons to Buckingham. Park also recounted how Ogumoro tried to prevent him and another FBI special agent from serving the penal summons to Buckingham.

To be threatened with arrest in doing their job is “highly unusual,” said Park, referring to the alleged threat to arrest the two OPA investigators.

Park said when he and another FBI special agent entered the airport’s VIP lounge, Ogumoro walked toward them in a rapid fashion and confronted him for being there.

Park said he told Ogumoro he has a legitimate Superior Court-issued penal summons for Buckingham.

The agent said Ogumoro told him that he was under an executive order to escort Buckingham and his wife to the plane.

Park said he explained to Ogumoro that if he places a hand on him or attempts to have physical contact on him, he will be placed under arrest.

He said Ogumoro stated he will talk with Buckingham.

Park said Ogumoro went to Buckingham and then asked him (Park) if Buckingham is allowed to fly.

Park said he explained to Ogumoro that it’s not an arrest warrant but penal summons to appear in court.

The FBI special agent said he then approached Buckingham, identified himself and placed on the table the penal summons.

Park said he and the other special agent then left.

On denying Ogumoro’s motion to dismiss the charges, Wiseman yesterday ruled that the valid service requirement as provided under the law is immaterial to the obstructing justice charge.

Ogumoro’s motion was to dismiss five charges: conspiracy to commit obstructing justice: interference with a law enforcement officer or witness, three counts of misconduct in public office, and one count of obstructing justice: Interference with a law enforcement officer or witness.

The other charges are conspiracy to commit theft of services, two counts of misconduct in public office, and theft of services.

Wiseman reiterated his concerns raised in his Jan. 19, 2016, order that at the outset, the court must take serious issue with Ogumoro’s untimely and improper submission of a substantive motions on the eve of trial—leaving no reasonable time for the government to file a substantive opposition brief.

In doing so, Wiseman said, Ogumoro violated the court’s pre-trial motion hearing deadline of Dec. 16, 2015, by more than a month.

Wiseman said even if the court were to waive the requirement that a party complies with the pre-trial order, Ogumoro would still not be in compliance with the Rules of Criminal Procedure.

In addition, Wiseman noted that Ogumoro had almost three years to file his legal objections to the information, dated March 20, 2013.

The judge said more than two years have elapsed since the court’s finding that the penal summons issued against Ogumoro’s alleged co-conspirator, Buckingham, was invalid.

Turning to the merits of Ogumoro’s motion to dismiss, Wiseman said he finds his argument to be unfounded.