Justices hear Ogumoro’s appeal of his convictions

The CNMI Supreme Court heard this week the appeal of former Department of Public Safety deputy commissioner Ambrosio T. Ogumoro, who wants the high court to reverse his convictions in shielding then-attorney general Edward Buckingham from being served with penal summons in 2012.

After listening to the parties’ arguments, Associate Justice John A. Manglona and Justices pro tem Robert J. Torres and Elyze M. Iriarte placed the matter under advisement.

Ogumoro, through counsel Daniel Guidotti, appealed his convictions for conspiracy to commit theft of services, theft of services, and misconduct in public office.

Ogumoro raised three issues on appeal.

He argued that the evidence was insufficient to convict him of felony conspiracy to commit theft of services and theft of services.

Second, he argued that then-Superior Court associate judge David A. Wiseman erred by failing to instruct the jury on the lesser included offenses of misdemeanor theft of services and conspiracy to commit theft of services.

Finally, Guidotti asserted that Wiseman erred in convicting Ogumoro of misconduct in public office in violation of 6CMC Section 6101(a) as the statute poses no duty to serve an invalid penal summons.

Special prosecutor George Hasselback argued the government’s opposition to the appeal.

In January 2015, a Superior Court jury found Ogumoro guilty of conspiracy to commit theft of services. Wiseman found him guilty of five misconduct in public office charges, one count of obstructing justice: interference with a law enforcement officer or witness, and one count of criminal coercion.

In March 2016, Wiseman slapped Ogumoro with a one-year prison term.

Ogumoro began serving his sentence on April 13, 2016. He was released on April 12, 2017.

In May 2017, the Superior Court jury found Ogumoro guilty of stealing a 1995 Toyota Tercel owned by DPS.

The jury found him guilty of theft by deception but not guilty of theft by unlawful taking.

Associate Judge Kenneth L. Govendo, who decided on the misdemeanor charges, found Ogumoro guilty of misconduct in public office, not guilty of two counts of removal of government property, and not guilty of one count of misconduct in public office.

According to the charges, Ogumoro brought a 1995 Toyota Tercel that belonged to DPS to a shop to be repaired using DPS funds in 2002 and then sold the vehicle as “scrap” to Herman M. Manglona.

Manglona is the brother of Ogumoro’s common-law wife, Katherine Manglona.

The prosecution also alleged that Ogumoro instructed a DPS staff to bring a DPS desktop computer to a shop for repairs using DPS funds. The computer, along with a laptop, printer, and other DPS property, were later used in the office of True North Bar & Grill, which is owned by Ogumoro.

Last Sept. 12, Ogumoro walked free after Govendo imposed no prison term on him.

Ogumoro is also appealing his convictions in that case.