Court stays proceedings in Stanley Torres case

Despite serious reservations, the Superior Court yesterday granted the motion filed by the Attorney General’s Office for a stay in the proceedings against former Rep. Stanley T. Torres.

Superior Court associate judge Juan T. Lizama ordered that all case proceedings be suspended until the AGO’s appeal of an earlier Superior Court order is resolved by the Supreme Court.

In his two-page order, Lizama said he has “two serious reservations about granting the stay,” noting that the AGO’s slow action on a May 25 order was to blame for the delay in the case.

In the May 25 order, the Superior Court denied the defendants’ motion to quash the penal summons and information on the ground that these did not name the attorney general. The court, however, found that the identity of the attorney general was relevant to the case and had ordered the AGO to amend the charge sheet to include the name of attorney general Pamela S. Brown.

On June 2, the government sought clarification on some points of the May 25 order, which the court provided the next day.

“The government then sat on this case for more than a month, neither complying with the court’s order, nor raising its constitutional concerns about the order with either this court or with the Supreme Court,” Lizama noted.

He added that the AGO was “apparently finally motivated to act” when defendant Frank S. Ada moved to dismiss the complaint on July 8, citing in part the government’s failure to comply with the May 25 order.

On July 9, the AGO asked the Supreme Court to issue a writ overturning the Superior Court’s order. Three days after, the government asked the Superior Court to issue by July 19 an order staying the proceedings in the case pending the Supreme Court ruling on the AGO’s appeal.

In granting the stay, Lizama expressed regret over the fact that no time has been allowed for the defendants to respond to the motion, or for a hearing to be held.

“The court is naturally disinclined to grant a stay on an expedited basis when need for the expedited consideration was created solely by the movant,” the judge said.

Lizama also said he was concerned that the issue on separation of powers, which the AGO raised before the Supreme Court, was not presented in any way to the Superior Court for consideration.

“Nonetheless, the court recognizes that this is a question of first impression in the Commonwealth. Furthermore, the court trusts that the Supreme Court can be trusted to render a quick and fair decision on the issue, thus not unduly prejudicing the defendants,” Lizama said.

On March 11, 2004, deputy attorney general Clyde Lemons Jr. and chief prosecutor David Hutton charged Torres with five counts of misconduct in public office, conspiracy to commit theft, conspiracy to commit theft by deception and illegal use of public supplies, services, time and personnel.

Frank Ada was also charged with four counts each of conspiracy to commit theft and conspiracy to commit theft by deception, and illegal use of public supplies, services, time and personnel.

Dorothy Sablan had five counts filed against her in each of the last three offenses.

The case stems from allegations that Sablan received at least five checks totaling $5,384.67 in government payroll in 2003 while working as Torres’ office manager, when she was actually off-island. Ada allegedly prepared fraudulent time and attendance sheets indicating that Sablan had performed her duties when she was off-island

Torres and Brown have been at odds with one another dating back to the time of her confirmation by the Senate for her nomination as attorney general. Soon after Brown was confirmed to the post, the charges against the congressman were filed in court. The AGO claimed that its investigation on Torres began before Brown was even confirmed.