High Court denies govt petition in Stanley case

The Supreme Court denied yesterday the government’s request to overturn a Superior Court order requiring Attorney General Pamela S. Brown’s name to be included in the criminal information against former Rep. Stanley Torres.

Instead, Chief Justice Miguel S. Demapan urged for a speedy trial of the case, citing Torres’ and his co-defendants’ stature as former public officials.

In a six-page order, Demapan said that granting the Attorney General’s Office a writ of prohibition was “unwarranted,” as the lower court was clearly not erroneous in issuing the order.

At present, he said, no law specifically addresses the issue whether the attorney general’s name is required on some or all criminal information.

“A petition for writ of prohibition should be exercised only in an extraordinary situation, and only exceptional circumstances amounting to a judicial ‘usurpation’ of power will justify the invocation of this extraordinary remedy,” Demapan added.

He maintained that the AGO could have simply appealed the order at the Superior Court, instead of filing a petition for a writ of prohibition.

“Nothing prevents the Commonwealth from seeking relief through direct appeal. On appeal, the Commonwealth will be allowed to properly address the issue involving the inclusion of the attorney general’s name. By the same reasoning, the court fails to see how the Commonwealth will be damaged or prejudiced in a way not correctable on appeal,” Demapan said.

The chief justice also refuted the AGO’s claim that the Superior Court’s order was in violation of the separation of powers.

He said the Superior Court did not encroach on the executive branch’s power and responsibility to legally prosecute people, but “merely ordered that the Commonwealth amend its information to formally apprise the defendants of the AG’s identity, which is no secret anyway.”

“Furthermore, the court finds there is a strong interest in moving the criminal proceedings along without an unnecessary delay. Indeed the defendants are entitled to a speedy trial,” Demapan said. “Additionally, because the defendants used to be public officials, in whom the public entrusted its faith and confidence, and because the charges against them involve misconduct in public office, the court finds there is a great public interest as well in seeing a speedy trial without an unnecessary delay.”

On Monday, the Superior Court stayed the proceedings in the case against Torres, pending the resolution of the AGO’s petition for a writ of prohibition.

The petition stems from a May 25 order in which the Superior Court denied the defendants’ motion to quash the penal summons and information on the grounds 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 attorney general Brown’s name.

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 faces five counts in each of the last three offenses.

The criminal information alleged 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 AG. Soon after Brown was confirmed to the post, the charges against the congressman were filed in court. The AGO claimed that the investigation of the Torres began before Brown was even confirmed.