Judge: No need to subpoena prosecutor

The Superior Court has ruled there is no need to subpoena a prosecutor as a witness in the sexual abuse case of a former Rota police officer.

Associate Judge Joseph N. Camacho determined that Melvin Maratita Manglona has not established a compelling need for he testimony of assistant attorney general Betsy Weintraub.

Camacho said that Manglona failed to establish that Weintraub’s personal opinion as to the credibility of the alleged victim is “necessary and not merely relevant.”

The judge said that Manglona failed to show that Weintraub’s testimony is both “necessary and not merely relevant and that all other available sources of comparably probative evidence had been exhausted.”

The 49-year-old Manglona is charged with two counts of sexual abuse of a minor in the first degree and one count of disturbing the peace.

Last May 31, Manglona, through his counsel, subpoenaed Weintraub as a witness in the case but did not provide any details, information, or argument in support of his subpoena.

Assistant attorney general Teri C. Tenorio asked the court to quash the subpoena.

At the motion hearing last June 14, Manglona, through counsel Brien Sers Nicholas, indicated he would be calling Weintraub to ask her whether she called the alleged victim a liar while speaking on the phone with the child’s mother.

Nicholas said Manglona intends to call the mother to testify that Weintraub had called her daughter a liar.

Tenorio denied that Weintraub had made any such statement.

In granting the OAG’s motion to quash on Wednesday, Camacho said if and when the alleged victim testifies, the trier-of-fact will be able to make a determination as to her credibility based on her testimony.

Camacho said any statement regarding Weintraub’s opinion on the alleged victim’s credibility would be cumulative.

Thus, the judge pointed out, Manglona has failed to establish that Weintraub’s personal opinion about the alleged victim is “necessary and not merely relevant.”

Camacho said testimony regarding whether or not Weintraub called the alleged victim a “liar” is not the only way for the defendant to present this evidence to the jury.

The OAG alleged that Manglona sexually abused the 14-year-old girl last July and on Aug. 11, 2016, on Rota. The girl told police that Manglona has been sexually abusing her since she was 9 years old.

Manglona’s trial will be on Rota starting this Monday, June 26.