US govt has 30 witnesses, while Villagomez lists 23

The U.S. government has 30 witnesses, while Lt. Gov. Timothy P. Villagomez listed 23, including his brother, Public Health Secretary Joseph Kevin Villagomez.

As this developed, Commonwealth Utilities Corp. procurement specialist Joseph Fejeran continued yesterday his testimony in the ongoing jury trial of Lt. Gov. Villagomez, and co-defendants James A. Santos and Joaquina V. Santos.

According to the U.S. government’s amended witness list filed in the U.S. District Court by assistant U.S. attorney Eric S. O’Malley, the prosecution has 30 witnesses, many of them CUC employees.

Included on the U.S. government’s list is former CUC executive director Anthony C. Guerrero and William J. Powell of Rydlyme Pacific Inc. in Hawaii.

Guerrero has been charged for his involvement in the alleged conspiracy. He has already pleaded guilty to the charges of wire fraud, conspiracy, and theft of federal funds.

Attorney David J. Lujan, counsel for Villagomez, listed 23 persons on their witness list, also mostly CUC employees, as well as Public Health Secretary Villagomez and Powell.

Lujan reserved the right to call any other witnesses they may deem necessary.

During the continuation of his testimony yesterday, Fejeran said he had wondered why the Saipan power plant asked for more Rydlyme when there’s more in the power plant’s warehouse.

Fejeran also stated that he was not aware of any request from Rota and Tinian for the supply of Rydlyme.

Last Friday, during direct examination by O’Malley, Fejeran said he first encountered Rydlyme in 1998 when he received a requisition voucher from the CUC power plant on Saipan.

At the continuation of his testimony yesterday, Fejeran identified a document shown him by the prosecution as a July 13, 1998, letter prepared by James Santos, owner of ISLA Sales Micronesia.

Fejeran said the letter basically thanked CUC for giving his company an opportunity to provide quotations for Rydlyme. The witness said Santos provided Rydlyme’s quotations price at $35 per gallon for 1,130 gallons, for a total of $38,500.

Fejeran also identified Villagomez’s signature in the CUC checks that paid ISLA Sales for the purchases of Rydlyme.

Fejeran identified a document shown him as another requisition form from the power plant to purchase 2,000 more gallons of Rydlyme.

Shown another document, Fejeran read a note that the order for Rydlyme was done per Gary Camacho’s instructions for the material, for the use of Saipan, Rota, and Tinian.

Fejeran said the request should have come from the end user and that Camacho was not the end user because, at the time, Camacho was with CUC’s Procurement and Supply.

Fejeran said he didn’t see any request to purchase Rydlyme from Rota and Tinian.

With respect to the fifth transaction for Rydlyme, the prosecution showed an internal requisition from the end user—the power plant.

Fejeran said he prepared the request for quotations from the vendors of Rydlyme and that only one responded, ISLA Sales. He said the quotation was for $35 per gallon for 2,000 gallons, for a total of $70,000.

Fejeran said he encountered Rydlyme again in the early part of 2007 after he received a requisition voucher from the power plant. He said when he first saw the requisition voucher, he talked to his boss, Manny Sablan, and informed the latter that there was a request for him to prepare the purchase order for Rydlyme.

He said he had asked Sablan why there’s another request to buy Rydlyme when there’s still a lot of the chemical in the power plant. Fejeran said he knew about the stocks because he called the power plant.

Fejeran said he then learned that James Santos is Villagomez’s brother-in-law because “the guys at CUC” were talking about their relationship. He said he was new at Procurement back then so he was not aware if there was a contract to purchase more Rydlyme.

During cross-examination, Lujan asked if Fejeran was involved in the 2007 transaction for Rydlyme. Fejeran replied no, except that the requisition voucher from power plant was forwarded to him.

Fejeran said Sablan asked him to get quotations even as Sablan also tried to solicit quotations.

The witness said he knew Sablan succeeded in getting the quotation because Sablan showed him the price quote from Blue Pacific.

Joaquina Santos reportedly owns Blue Pacific, which was awarded a $120,000 sole-source emergency contract for 3,000 gallons of Rydlyme.

With respect to the 2007 transaction, Fejeran said only one quotation came in—from Blue Pacific.

Lujan asked if he is aware that there was ultimately a contract prepared by legal counsel and former judge Edward Manibusan. Fejeran replied that Manibusan did not prepare the contract but only reviewed it. He said it was Charlene Tenorio who processed the contract.

Lujan asked if he has personal knowledge of any apparent agreement between Villagomez, James Santos, Joaquina Santos, Anthony Guerrero or anyone to commit a crime, to commit a wire fraud, or commit any offense against the U.S. government.

“I have no personal knowledge,” Fejeran replied.

Victorino Torres, counsel for James Santos, asked if Fejeran’s solicitation for quotations were enough to satisfy CUC’s procurement regulations.

“Yes,” answered Fejeran.

When Saipan Tribune left the courtroom, Torres was still cross-examining the witness.