Froilan’s case should not be delayed further By MAR-VIC CAGURANGAN

Lawyer Theodore Mitchell asked the Superior Court yesterday to deny former Gov. Froilan C. Tenorio’s request for postponement of the court proceedings that involve the $12.4 million lawsuit alleging public fund misuse.

Mitchell, who represents plaintiff Jeanne Rayphand in the taxpayer’s suit, is worried that further postponement of the hearing would stall final resolution of the case.

The Superior Court is scheduled to hear on Nov. 10 Tenorio’s motion for reconsideration of Special Judge Benjamin Cruz’s 1997 decision which found the former governor liable for misspending the government’s 1994 budget. Tenorio last week asked the court to take his motion for reconsideration off calendar pending resolution of the question of whether or not he is entitled to public legal representation.

“For the interest of justice this court should simply make it known that it expects the Attorney General or other successor counsel on Tenorio’s behalf to appear at the Nov. 10 hearing prepared to argue the pending matters,” Mitchell wrote in his motion opposing the former governor’s plea.

“The plaintiff has been inconvenienced by having to wait for over two years to move this case to final judgment after obtaining what should have been final judgment in 1997,” Mitchell said, suggesting that Tenorio represent himself in the court.

Tenorio’s motion for reconsideration was originally scheduled to be heard last Oct. 22, but the court has reset it for Nov. 10 to give the former governor ample time to hire another lawyer to represent him. The court issued this order following the Attorney General’s filing of notice of withdrawal as counsel to Tenorio.

Tenorio has hired lawyer Timothy Skinner to represent him in his prospective lawsuit for public legal representation and indemnification claims.

Mitchell stated in his declaration that Assistant Atty. General David Sosebee has informed him that he would appear at the court to represent Tenorio “unless relieved of responsibility by the court.”

“Whether intentionally or inadvertently the combined effect of the conduct of the Attorney General, and Tenorio and Tenorio’s new counsel Timothy H. Skinner, has the potential to stall this litigation indefinitely after it was litigated actively for three years and then languished in limbo for more than two years following this court’s June 7, 1997 ruling on the merits,” Mitchell said.

“Nonetheless,” Mitchell added, “Tenorio cannot claim prejudice whether he is represented by the Attorney General or Skinner at this point. The papers are all filed, When the courts hear the oral argument on the pending motions, the work of the parties and their attorneys is a the an end.”