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Lt. Gov. Villagomez waives hearing on motion
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Posted on Feb 26 2009
The federal court canceled yesterday’s scheduled proceeding in the case against Lt. Gov. Timothy P. Villagomez and his co-defendants after the parties in the case agreed not to hold a hearing on Villagomez’s motion.
U.S. District Court for the NMI Chief Judge Alex R. Munson granted the parties’ request to waive hearing on Villagomez’s motion for a bill of particulars.
Villagomez and co-defendants James A. Santos and Joaquina V. Santos, through their lawyers, signed a stipulation with the prosecutor, assistant U.S. attorney Eric S. O’Malley.
Under the stipulation, the defendants and O’Malley informed the court that the pleadings for the motion for bill of particulars contain their arguments for their respective positions and that no additional arguments will be presented.
The defendants and the prosecution agreed that they waive hearing on the motion and that the court may decide on the motion without a hearing and without the presence of the parties in the case.
The superseding indictment charged Villagomez and the Santos couple with bribery concerning a program receiving federal funds, conspiracy to defraud and to commit offenses against the U.S., wire fraud, and theft concerning a program receiving federal funds.
The new indictment alleged that Villagomez accepted a $15,000 bribe from the Santos couple for approving the purchase of Rydlyme, a cleaning and de-scaling chemical, for the Commonwealth Utilities Corp. The couple was also charged with bribery for allegedly offering the $15,000 to Villagomez. The three pleaded not guilty.
Villagomez, through counsel David J. Lujan, argued that the bribery charges are based on conjecture and speculations by the U.S. government. The Santos couple joined in Villagomez’s motion.
In the U.S. government’s response, O’Malley asserted that the two charges in the new indictment against Villagomez and Santos couple sufficiently describe the offense of bribery filed against them, according to a federal government prosecutor.
Bill of particulars refers to a list of written statements made by a party to a court proceeding, upon demand of the other party. The list sets itemizes details of a claim or defense.
