Court rules in favor of businessman in drugs raps

U.S. District Judge Alex R. Munson yesterday ruled in favor of a man facing drug charges when he granted a defense motion to suppress the chief evidence involving about 70 grams of crystal methamphetamine or “ice” from the lawsuit.

The decision weakened the prosecution’s case against Joseph Barto, a businessman from Guam, who was indicted on three counts of possession with intent to distribute “ice” and distribution of the controlled substance after his arrest on Saipan last April.

Assistant District Attorney David T. Wood, the lead prosecutor, said the government has yet to decide which course to take following the ruling that came after three days of hearing on the motion.

He said they will await a written decision from Judge Munson before taking the next step, adding they have two options — to ask for reconsideration from the district court or to file an appeal with the Ninth Circuit Court in California.

“If the government accepts the decision as is and it takes no steps, then the government will move to dismiss the charge due to insufficient evidence,” Mr. Wood told in an interview.

Once the court issues the written judgment, the prosecution has 10 days to make its move, he said.

The motion to suppress evidence involved one count in the indictment, which was based on the arrest of Mr. Barto on April 28 this year near Annie’s Cafe in Susupe.

“Two counts in the complaint will not be dismissed because of this suppression of evidence,” said Mr. Wood.

Defense lawyer Charles Rotbart could not be reached for comment on the ruling. His office said he was not available.

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 by the joint DEA/CNMI task force in January this year.

A dozen CNMI police officers had taken the witness stand during the series of hearings this week. The case was previously sealed by the court.

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.

He claimed the defendant 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. (BS)