Ataligs’ jury trial postponed anew

U.S. District Court for the NMI Chief Judge Ramona V. Manglona postponed yesterday the jury trial of Rota Mayor Efraim M. Atalig and his girlfriend, Evelyn Atalig, for one week due to the arrest Monday afternoon of Efraim Atalig’s lawyer, David G. Banes.

As this developed, Efraim Atalig asked the court to appoint a new counsel for him.

Manglona moved the trial to March 18 at 8:30am, but stated she will reset the trial to 10:30am if there will be Rota and Tinian jurors to allow them time to travel to the court.

Manglona said she will then recess after jury selection and reconvene the trial on April 6.

Banes and co-counsel Cong Nie appeared in court yesterday.

According to the minutes of the hearing, Manglona informed the parties that she had an in-chamber meeting with the parties’ counsel yesterday.

Manglona said with the consent of assistant U.S. attorney Eric O’Malley, who is counsel for the U.S. government, she had a separate in-chamber meeting with the Ataligs regarding Banes’ status.

Manglona provided a summary of the discussions about their in-chamber meeting and informed the parties that Efraim Atalig asked for a new counsel.

Manglona said she inquired at the meeting about the possibility of a potential conflict of interest regarding the Department of Public Safety officers involved in Monday’s arrest of Banes.

After further discussions with parties, the judge concluded that the appointment of new counsel is not warranted.

Manglona informed Efraim Atalig that if he would like to make the motion for new counsel on the record, he needs to file the motion with the reason.

Banes requested for a short continuance of the trial. O’Malley requested a waiver from Efraim Atalig, stating that he has full faith and confidence in Banes as his attorney, should Banes continue representing him.

O’Malley did not object to a short continuance.

Banes stated that he advised his client, Efraim Atalig, to seek new counsel due to his (Banes) current situation. Banes, however, informed the court that if there is a possibility of a short continuance, Efraim Atalig would not have these concerns. Banes later asked Manglona to begin the trial in the District Court case after the CNMI case. O’Malley agreed with Banes’ request.

O’Malley, Banes, and Steven P. Pixley, counsel for Evelyn Atalig, told the court that they all agreed to continue the jury trial.

Manglona then talked with the 67 prospective jurors and instructed them to return for jury selection on Wednesday, March 18.

The trial has been postponed several times already due to many reasons. The trial was scheduled to supposed to start yesterday.

Saipan Tribune learned from sources that police arrested Banes for allegedly fleeing the scene after hitting another car with his vehicle along Beach Road in Susupe.

Sources said police arrested the lawyer for allegedly driving while under the influence of alcohol and other charges.

No one was injured in the accident.

Banes was subsequently released from the Department of Corrections.

When asked for comments about the allegations surrounding his arrest, Banes stated yesterday, “Not true at all.”

As of yesterday, the Department of Public Safety has yet to release information about Banes’ arrest.

In the federal case, the Ataligs are charged with conspiracy to commit wire fraud and theft from program receiving federal funds, wire fraud, theft from program receiving federal funds, and false statement.

In the Superior Court case, the Office of the Attorney General charged Efraim Atalig and the seven co-defendants with misconduct in public office. The bench trial in this case against Efraim Atalig and four co-defendants will be on March 20.