Subpoena on OAG quashed; deemed a ‘fishing expedition’

Superior Court Associate Judge Joseph N. Camacho granted yesterday the Office of the Attorney General’s motion to quash the subpoena served on former prosecutor Teri C. Tenorio and other OAG staff by a defendant in a sexual assault of a minor case.

Ruling that Joseph Seman Epina’s subpoenas do not satisfy the specificity requirement, Camacho said such subpoenas “constitute an improper fishing expedition.”

The judge said the request is not sufficiently specific “if the moving party cannot reasonably specify the information contained or believed to be contained in the documents sought but merely hopes that something useful will turn up.”

Camacho said an open-ended request for documents that includes phrases such as “any and all documents” or “includes, without limitation” will be quashed as an improper fishing expedition.

In Epina’s case, Camacho said, the language the defendant uses in subpoenas, “all documents, “all communications,” “all recordings,” “all reports,” and “all notes” is similar to the language used in other subpoenas that have been quashed for not being specific.

The judge said the request for “all documents” resemble a civil discovery request.

Camacho said these “requests do not identify specific documents or sufficiently narrow categories of specific documents as required to survive a motion to quash.”

Instead, the judge said, Epina’s subpoenas improperly cast their net wide in the hope of finding something useful.

Camacho, however, ruled that Epina should still receive the evidence he is entitled to under the due process clause of the 14th Amendment of the U.S. Constitution.

He said that due process requires that the Commonwealth disclose any exculpatory and impeachment evidence that is favorable to the defendant and material to his guilt or punishment, regardless of whether the defendant asks for the information.

Camacho said Epina is entitled to any evidence favorable to him or that materially affects the credibility of the witnesses, or the admissibility of evidence. That material should also include material that impeaches the character or testimony of the prosecution witness in a criminal trial.

The 45-year-old Epina is facing charges of raping a then-12-year-old girl on March 12, 2016.

Espina, through assistant public defender Heather M. Zona, subpoenaed five OAG employees—then-assistant attorney general Teri C. Tenorio, Dixie Inos-Camacho, Lawrence Pangelinan, Urbano Babauta, and Gerrilyn Dela Cruz.

The subpoenas seek evidence that the government tainted the alleged victim’s memory.

The OAG moved to quash the subpoenas as they are not specific, not necessary for the defendant’s trial, and exempted from disclosure.

Epina, through Zona, opposed the motions.

Camacho heard the motions last Feb. 15. Zona argued as counsel for Epina. Assistant attorney general Robert “Charlie” Lee represented the government.