Prosecutors given Sept. deadline in Stanley suit

Government prosecutors have until Sept. 1 to include the name of attorney general Pamela Brown in the documents charging ex-congressman Stanley Torres of conspiring with two others in a ghost employee scheme.

Superior Court judge Juan T. Lizama gave deputy attorney general Clyde Lemons Jr. and chief prosecutor David Hutton the deadline to comply with his May 25 ruling that directed the prosecutors to amend the charging documents.

Lizama ordered the government attorneys to appear before his courtroom on Sept. 2 to inform the court as to whether or not they complied with the deadline.

“If the government has not complied, the court will issue an order to show cause why counsel for the government should not be sanctioned and will grant the government time to prepare a response in writing,” Lizama said.

Lemons and Hutton have refused to comply with the order, even though the Supreme Court junked their petition for a writ that would prohibit the lower court from enforcing the May 25 ruling.

The prosecutors questioned the line of reasoning behind the May 25 ruling, which compelled the amendment of the criminal information even if Lizama ruled that there was no statutory basis to compel the inclusion of the attorney general’s name in the charging documents.

Once Brown’s name appears in the charging documents, defense attorneys may pursue a line of argument questioning her legitimacy as attorney general. The criminal charges were brought before the court on her authority. Lawmakers opposed to Brown’s confirmation, including Torres, had questioned the validity of the Senate nod to her appointment.

In open court Wednesday, Lizama said he would dismiss the case with finality if the prosecutors fail to comply with the May 25 ruling. A written order by Lizama, however, made no mention about the case’s possible dismissal, except that it threatened the prosecutors of possible sanctions.

During Wednesday’s hearing, Lemons and Hutton said they are both ready to face possible sanctions.

Lemons and Hutton—not Brown—signed the charging documents that accused Torres, his former office manager Dorothy Sablan, and legislative staff Frank Ada of engaging in a fraudulent scheme wherein Sablan received government monies through payroll when she did not actually perform work.

The prosecutors charged Torres with five counts each 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.

They filed against Sablan five counts each of the last three offenses. Additionally, the prosecutors filed five counts each of theft, theft by deception and receiving stolen property against her.

Ada faces 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.

The criminal information alleged that Sablan received at least $5,384.67 as her salary in 2003 when she was actually off-island. Ada allegedly prepared fraudulent time and attendance sheets indicating that Sablan had rendered work.

Meanwhile, Lizama denied Ada’s request to dismiss the case. Ada had pushed for the case’s dismissal, citing a defendant’s right to speedy trial and a procedural rule that a criminal case could be dismissed if there was unnecessary delay in bringing the defendant to trial. Ada, through his lawyer Edward Arriola, contended that he has yet to be arraigned, even if the charges were filed as early as March 10.

The defendants, though, filed the pleadings that insisted on the necessity of putting Brown’s name in the charging documents.

“The information in this case was only filed in March and much of the delay since then has been taken up by motions and petitions brought by both sides,” Lizama said.

“The court can find no delay here that results from seriously derelict behavior by either side and sees no undue prejudice to the defendant from the delay,” the judge added.

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ERRATUM
In yesterday’s article on court proceedings in connection with the lawsuit against ex-congressman Stanley Torres, a certain Dolores Bermudes was erroneously referred to as co-defendant. Torres’ co-defendant is actually Dorothy Sablan, the congressman’s former office manager. Our apologies.