Atalig lawyers fail to find private investigator
The court-appointed counsels for Rota Mayor Efraim M. Atalig and his girlfriend, Evelyn M. Atalig, have not been able to find any suitable private investigator to assist them with the criminal case filed against the Ataligs before the federal court.
David George Banes and Steven P. Pixley, counsels for mayor Atalig and Evelyn Atalig, respectively, informed the U.S. District Court for the NMI last Wednesday that they need more time to find a private investigator and to conduct investigations, including to interviewing potential witnesses.
Banes and Pixley asked the court to move the trial to early May 2019, instead of the current schedule of March 12, 2019.
The defense lawyers said assistant U.S. attorney Eric O’Malley, the lawyer of the U.S. government, has indicated that he would not oppose the requested.
If their request is granted, the Ataligs are also asking for adjustments in the pre-trial deadlines.
The Ataligs said if the pre-trial conference that is currently set for Feb. 19 is retained or if the court sets a hearing for the motion for continuance, they would like to appear by telephone to save on expenses.
The superseding indictment charged mayor Atalig and Evelyn Atalig each with wire fraud, conspiracy, theft from program receiving federal funds, and false statements.
The charges involve at least five trips taken by the Ataligs in 2018. A large number of potential witnesses live outside the CNMI such as Guam and the U.S. mainland.
Banes and Pixley said they need to obtain information from those potential witnesses but have been having difficulties in doing so without the help of a private investigator.
Banes and Pixley said they have acted diligently in trying to find a suitable private investigator.