Education Commissioner Sablan not guilty

Rita A. Sablan

Superior Court Associate Judge Joseph N. Camacho acquitted yesterday Education Commissioner Dr. Rita A. Sablan of a traffic case that charged her with three counts of violating the government vehicle provisions of the Commonwealth Code.

At a bench trial, Camacho found Sablan not guilty of the violation of restriction upon use of government vehicles such as driving a government vehicle that does not bear a government license plate, driving an unmarked government vehicle, and operating a government vehicle with tinting on its windows.

Asked for comment about the verdict, Sablan said she is very thankful to her counsel, Brien Sers Nicholas, who did an exceptional job.

“I’m very happy and relieved that it’s now over,” said the beaming Education commissioner.

Nicholas said the law is very clear and the judge went through with his findings that in order for the car to be a government vehicle it must be leased for over 12 months.

He pointed out that the laws says anything below 12 months is not a government vehicle.

“Just because it’s leased doesn’t mean that’s the end of the story. It has to be registered just like anybody else. Why do you register cars? Because you are the owner of the car,” the defense lawyer said.

In granting Nicholas’ motion for judgment of acquittal, Camacho found that the prosecution has failed to prove beyond a reasonable doubt that the car driven by Sablan is a government vehicle as defined in the Traffic Code requiring a lease to be 12 months or more.

Camacho ruled that because the lease agreement was expired, the law no longer requires that the subject car be considered a government vehicle.

“Because the vehicle was no longer a government vehicle, it was no longer required to display government license plate and markings, and removal of tinting material,” the judge pointed out.

The vehicle in question is a white four-door 2011 Honda Accord sedan with license plate AEC-621 that is registered to “Joeten Motor Dept.” and leased to the Public School System.

The prosecution alleged that the lease of this car began Jan. 1, 2014, and Sablan was stopped by Police Sgt. Anthony Macaranas in Navy Hill on Jan. 15, 2015, so the government is legally the owner of the vehicle.

Assistant attorney general Emily Cohen called to the witness stand—Joeten Motors general manager Matthew Deets and Macaranas.

After Macaranas completed his testimony, the prosecution rested the government’s case.

Defense counsel Nicholas then moved for judgment of acquittal.

Nicholas argued, among other things, that the government failed their burden that it’s a government vehicle.

In the government’s opposition to the motion, AAG Cohen said Macaranas saw Sablan came out from the car and driving the vehicle.

Cohen said the car had no marking and was tinted.

Cohen said Joeten Motors stated that it considered that the car was leased to the government.

Cohen said the government had it for three years and the lease was extended.

The prosecutor asserted that there is no doubt that this car was leased by PSS and no doubt that Sablan was the driver.

“You cannot drive this vehicle if you don’t comply with the regulations,” Cohen pointed out.

After listening to the parties’ arguments, Camacho placed the motion under advisement and adjourned before 12noon. He ordered the parties to come back at 3:30pm yesterday.

When the hearing resumed yesterday afternoon, Camacho announced his ruling that granted Sablan’s motion for judgment of acquittal.

Camacho said for Sablan to be guilty of operating a government leased vehicle without the necessary government license plate and government markings, and illegal tinting, the government must prove that that the car was leased to 12 months or more.

The judge found the testimony of government’s witnesses Deets and Macaranas to be credible.

Camacho determined that Macaranas’ investigation was by the book and all possible information at the time of the traffic violator stop was done pursuant to police procedures.

Camacho said the failure of the government’s case rest on the Office of the Attorney General.

The judge noted that between Jan. 15, 2015, and the arraignment of Feb. 12, 2015, the OAG received a copy of the lease agreement.

Camacho said a few minutes of review would have immediately shown that the white Honda with license plate AEC-621’s lease agreement expired on Dec. 31, 2014.

In this case, Camacho said, the government incorrectly argues that three consecutive lease terms exceed the 12 months or more.

He said the facts are that each term of lease was exactly 12 months.

The judge said it is not one lease agreement totaling three years.

Further, Camacho said, the government again incorrectly argues that since the last lease term expired on Dec. 31, 2014, the 15-day extension (Jan. 1, 2015 to Jan. 15, 2015) makes the lease more than 12 months.

“The lease was already expired,” he noted.

Camacho said the existing lease at the time that Sablan was given a citation was a 15-day lease.

Camacho said the law requires leased government vehicles that are 12 months or more to display government license plates and markings and not be tinted.

He said a vehicle leased for 15 days by a government agency is not required to display government license plates and markings or removal of tinting on the windows.

Macaranas testified that in the morning of Jan. 15, 2015, Sablan was the driver of a white Honda Accord with license plate AEC-621.

Macaranas said he conducted the investigation when Sablan came from out from Twins Supermarket in Navy Hill and went to the driver’s side of the car.

Macaranas said he approached Sablan, informed her of the violations and issued traffic citation to her.

Macaranas said the car was tinted dark black and that it had no PSS marking on either side.

Macaranas said the subject car had a standard license plate and didn’t have a government license plate.

He said he went to Joeten Motors, where he spoke with a certain Josephine, who told him that the Honda Accord was leased to PSS and Sablan.

Macaranas said based on his interview, it was Joeten Motors who put the tint.

Macaranas disclosed that in October 2014, he also pulled over Sablan driving the same car after Office of the Public Auditor Melissa Bauleung informed him that the subject car operated by Sablan was in violation of the Government Vehicle Act. Macaranas said Sablan was on her way at that time to a PSS function at Aqua Resort Club so he let her go.

Macaranas said it’s the car dealership that knows how long the lease is.

“I found out that Joeten Motors is the registered owner of the vehicle,” he said.