Fed court begins hearing on drug case involving businessman

U.S. District Judge Alex R. Munson yesterday began hearing arguments on the criminal case against a man accused of dealing with crystal methamphetamine or “ice” over a motion whether the police made a lawful arrest and properly seized evidence.

Joseph Barto, a businessman from Guam, was indicted on three counts of possession with intent to distribute “ice” and distribution of the controlled substance following his arrest last April.

The drugs involved amounted to between 50 to 60 grams, according to the prosecution. Mr. Barto apparently had been under surveillance for months prior to his arrest.

The case was previously kept under seal and it was only made public yesterday when the federal court considered the motion filed by the defense.

Assistant District Attorney David T. Wood, lead prosecutor, said this would determine whether the police has “proper and articulable position” that the defendant was either involved in a crime and might be involved in the crime in the future at the time of his arrest.

If the judge finds that evidence were not properly seized, “the evidence they took off will be suppressed and that’s basically the [drugs],” he told reporters after the hearing.

“That will have a great deal to do with the government evidence with respect to that particular charge — the possession with intent to distribute,” added Mr. Wood.

A dozen CNMI police officers took the witness stand at yesterday’s proceedings which will resume this morning to hear other witnesses.

In one of the testimonies, DEA/CNMI task force officer Ray Ranguul told the court Mr. Barto was “high” on drugs because of his appearance when accosted by the police on early morning of April 28 in Susupe.

He claimed he was pale, with white eyes, but wide awake even though he looked tired, and that he couldn’t say a word when he tried to open his mouth.

Defense lawyer Charles Rotbart questioned witnesses whether they had a reason to believe to arrest Mr. Barto at that time, and some police officers responded vaguely.

“I wouldn’t say there’s probable cause to arrest him,” said officer Tony Macaranas who told the court he had asked the defendant to empty his pocket instead of frisking him during his arrest as a standard police practice.

Mr. Barto, who is being held by the U.S. Marshal’s office, had pled not guilty to the charges, which included one count of possession with intent to distribute “ice” stemming from a sting operation conducted in January this year.

The joint DEA/CNMI task force arrested him last April 28 after he was found walking near Annie’s Cafe in Susupe. (Benhur C. Saladores)