Sexual abuse case vs lawyer a retaliation? • Rep. Torres says timing of filing ‘extremely suspicious’

Questioning the motive of the Attorney General’s Office for filing a sexual abuse case against a prominent lawyer, Rep. Stanley T. Torres yesterday sought intervention by the Federal Bureau of Investigation to look into the matter in light of the two-year gap from the alleged incident.

He said the move by government prosecutors is “extremely suspicious,” especially coming on the heels of attorney Joseph A. Arriola’s victory in a lawsuit that forced former acting Attorney General Maya B. Kara out of office.

“This case smacks of retaliation for his successes against the AG’s office,” Mr. Torres said during a privilege speech at yesterday’s session of the House of Representatives.

Assistant Attorney General James Benedetto declined to comment on the legislator’s allegations, but the case was “thoroughly investigated” long before Mr. Arriola questioned constitutionality of Ms. Kara’s position.

“It doesn’t matter who you are. If you had sex with a 15-year old girl, we will prosecute you. I don’t care even if you are a lawyer, a government official or a prominent individual.”

Mr. Arriola, 33, is facing five counts of sexual abuse lodged by the AGO in the Superior Court that charged him of having sexual contact with a girl identified only as J.C.M. who was 15 years old at the time. The alleged incident happened from January 4, 1998 to July 26, 1998.

He has denied the accusations, saying they were baseless. “I want to clear my name immediately and it is just unfortunate that I’ve reached the pinnacle in what I have attempted to do and the people who despise me are now having a feast in this,” he said last week.

According to Mr. Torres, he was disturbed that filing of the sexual abuse case came after two years from the first reported incident.

“The timing is extremely suspicious,” he said. “What happened almost two years after the fact to get the AG’s office moving? Did they decide to wait for Mr. Arriola to make another ‘wrong’ move or do something to embarrass them?”

Mr. Torres cited at least two cases successfully litigated by Mr. Arriola, including the civil suit on the legality of Ms. Kara’s assumption as acting chief government lawyer which the legislator said “made the AG’s staff of lawyers, rookies and all, look like incompetent idiots.”

A Superior Court decision handed down last January forced Ms. Kara to step down on grounds that her tenure as AG violated the CNMI Constitution. The ruling also ordered Gov. Pedro P. Tenorio to name another official for advice and consent of the Senate.

“I am calling for a formal investigation by the FBI to look into the conduct of this case by the [AGO] lawyers and all parties,” Mr. Torres said about the latest lawsuit.

“The alleged victim’s parents and the minor deserve some explanation, even an apology for the delay if these allegations are true. Either there was substantial evidence for them to move forward in 1998, or not. If there was, why didn’t they prosecute then?” he asked.

“The timing is indeed suspicious and once again calls into question the effectiveness of the [AGO],” added the legislator, a staunch critic of the office.