Nielsen, LaMotte to testify vs. Cabrera

The defense of former Finance Sec. Antonio R. Cabrera in the ongoing trial for corruption charges is using a strategy that will squeeze the CNMI government for the crime alleged by the federal prosecution.

His lawyer Joey A. Arriola is not expected to call witnesses or present documents to defend his client before the jury hearing the high-profile case in the U.S. District Court here, according to sources.

Federal prosecutors, on the other hand, will summon top CNMI officials, including current Finance Sec. Lucy DLG. Nielsen and Public Auditor Leo L. LaMotte, to testify during the trial’s resumption on Monday.

A source privy to the defense strategy said Mr. Arriola does not see the need to come up with its own evidence to rebuff claims made by the prosecution.

If the federal government rests with its case on Monday, closing arguments could follow immediately, the source said, speaking on condition of anonymity.

“The closing arguments by the defense will blame CNMI officials for the case brought by the prosecution,” the source told in an interview yesterday.

Mr. Cabrera, 40, is accused of theft, misapplication of funds and bribery concerning programs receiving federal funds based on a five-count indictment handed down by a grand jury.

He is free on bail of $50,000 cash bond which he posted in July after a warrant for his arrest was issued by District Judge Alex R. Munson.

The trial began Tuesday after the jury selection — seven women and five men, plus two alternates. It has been on recess since yesterday until the continuation on Monday.

During the first two days of the trial, Assistant District Attorney Kevin Seely presented numerous documents and called in 13 witnesses to buttress the corruption charges.

He showed evidence claiming that Mr. Cabrera had improperly paid himself $5,840.73 in typhoon differential pay for eight storms that hit the islands between 1994 and 1996 while he was the secretary of the Department of Finance.

The prosecution also accused him of pocketing $30,000 in public funds which he spent for two off-island trips in 1996 — one in Manila, and the other Far East — without receipts or supporting documents.

Two witnesses admitted giving $3,000 to Mr. Cabrera as bribe to facilitate release of $30,621.24 from DOF that was owed to a surveying firm for a project on Tinian.

But Mr. Arriola, during cross-examination, pointed to documents exhibited by the prosecution that showed some CNMI officials had approved release and use of these taxpayers’ dollars.

Herman T. Guerrero, an executive assistant to former Gov. Froilan C. Tenorio at the time these incidents took place, testified that he signed requests and reimbursements made out by Mr. Cabrera for travel advances and official representations during the two trips.