AAG hires private counsel to appeal ruling she committed prosecutorial misconduct

A prosecutor is appealing in her personal capacity and not in her capacity as an assistant attorney general from Superior Court Associate Judge Joseph N. Camacho’s determination that she committed prosecutorial misconduct during a jury trial.

Assistant attorney general Betsy Weintraub hired a private counsel, Colin M. Thompson, to represent her in the appeal to the CNMI Supreme Court.

Weintraub, through counsel Thompson, notified the Superior Court on Tuesday about her appeal.

In her appeal, the prosecutor seeks Supreme Court’s reversal of Camacho’s bench finding last March 22 that she committed prosecutorial misconduct, Camacho’s March 28 oral order denying her written motion for reconsideration, and the subsequent judge’s order on March 29.

Thompson said because Weintraub is appealing only Camacho’s express findings that she committed prosecutorial misconduct in the March 22 oral finding and the March 29 written order, and because her appeal from an express finding of prosecutorial misconduct is civil in nature, she believes there is no appellee.

However, Thompson said, if there is an appellee, then it should be David James Aguon.

Weintraub prosecuted the case against Aguon on charges that he assaulted Navy veteran Christopher Broome inside the White and Black Bar in Garapan in March 2016.

Weintraub is appealing from Camacho’s finding that she (Weintraub) had committed prosecutorial misconduct by deliberately disobeying the court’s suppression order.

Specifically, Camacho found that, by asking Detective Flora Aguon about the weight of the attacker listed in her report, then asking the detective to estimate the defendant’s weight, and then asking that the record reflect that the individual pointed out was the defendant, that Weintraub had circumvented the court’s suppression order to have the detective identify the defendant as the attacker.

In the middle of the jury trial last month, Weintraub moved to dismiss the case against Aguon. She said dismissal is for the best interest of justice after they discovered some new information.

Camacho granted the prosecutor’s motion.

Attorneys Victorino DLG Torres and Matthew Holley represented Aguon in that case.

MD: A prosecutor appeals Superior Court’s determination she committed prosecutorial misconduct during a jury trial.