Court denies Torres’ motion to dismiss on grounds of vindictive prosecution

Superior Court Judge Pro Tem Alberto Tolentino has denied Gov. Ralph DLG Torres’ motion to dismiss the lawsuit filed by the Office of the Attorney General on the grounds of selective and vindictive prosecution. 

Over the weekend, Tolentino issued a written order denying Torres’ motion for dismissal of selective and vindictive prosecution or alternatively allow discovery and evidentiary hearing because the defense cannot prove that the charges filed against him were increased or that more severe charges were filed after he exercised a constitutional or statutory right.

“Although the right to run for office may be a protected constitutional right, vindictive prosecution is generally present where a defendant is reindicted or retried after the exercise of a procedural right. Neither the record nor the facts alleged by either party indicate that this has occurred. Therefore, the court finds that the defendant has failed to show that the Commonwealth engaged in vindictive prosecution in the instant case,” the judge said.

At the same time, Tolentino also issued multiple orders denying the defense’s two other motions to dismiss the criminal charges against Torres, or counts 1-12 and 14 as stated on the complaint filed by the AG. 

As for his five other motions to dismiss, Tolentino has yet to issue a ruling.

One of Tolentino’s orders denies Torres’s motion to dismiss counts 1-12 on grounds that they are time barred.

The court found that pursuant to 6 CMC § 107(c)(2), counts 1 to 12  are not time barred as Torres had continuously occupied the same public office from 2017, when the alleged misconduct occurred, to April of 2022, when the charges were brought in the instant criminal case.

Tolentino also denied the governor’s motion to dismiss Counts 1-13 on grounds that 1 CMC § 7407 is unconstitutionally vague and does not apply to an elected official.

The defense argued that the statute only prohibits government employees from causing premium airline tickets to be issued. “As the statute does not define ‘government employee,’ it should not be applied to public officials,” the defense argued. 

However, Tolentino found that the CNMI Legislature explicitly stated that the purpose of 1 CMC § 7407(f) was to prohibit the purchase of first class, business class, or other premium airline tickets by the Commonwealth Government.

“The Office of the Governor is a part of the Commonwealth Government, and the Governor is a member of the office. The court ascertains that because the CNMI Legislature intended 1 CMC § 7407(f) to apply to the Commonwealth Government as a whole, the Office of the Governor and its members would also be prohibited from authorizing the purchase of first class, business class, or other premium airline tickets, under the statute,” the judge said.

According to court documents, on April 8, 2022, the Office of the Attorney General filed a criminal case against the governor, alleging 12 counts of misconduct in public office and one count of theft relating to the issuance of airline tickets for business class, first class, or other premium class travel for himself and/or first lady Diann T. Torres.

The case also alleged one count of contempt for failure to appear in compliance with a subpoena.

The governor has denied the charges.

In a previous ruling, the judge granted, in part, Torres’ motion to dismiss count 14, which is contempt for failure to comply with a legislative subpoena.

The judge dismissed the contempt charge without prejudice which means it can be refiled.