Former lawmaker alleges harassment, intimidation during Villagomez trial

Former Representative Janet Ulloa Maratita alleged that Caucasian U.S. Court Marshals subjected her to harassment and intimidation during the trial of former Lt. Gov. Timothy P. Villagomez and co-defendants.

In her declaration, Maratita said the harassment and intimidation came to a point that she felt very uncomfortable sitting inside the courtroom.

Attorney David J. Lujan, counsel for Villagomez, filed Maratita’s declaration in federal court in support of Villagomez’s motion for a new trial.

Last April 24, the jurors rendered a guilty verdict to Villagomez, his sister Joaquina Santos, and his brother-in-law James Santos of conspiracy to commit offenses against the U.S., wire fraud, theft concerning a program receiving federal funds, and bribery.

Maratita cited examples the alleged constant pressure by the Marshals to sit up straight and constant inspection of her mouth for gum in the courtroom.

She said the actions of the Marshals gave her a general sense that she is a bad person for sitting where she was sitting, which was behind defendants Villagomez, James A. Santos, and Joaquina V. Santos.

Maratita said that from March 30 to April 24, she observed majority of the hearings in the Villagomez trial in which she noticed that there were three to four Caucasian Marshals and four to five Chamorro security personnel.

At one point, she said, she asked one male Caucasian Marshall whether she could sit in the pew behind the government attorneys, but that her request was immediately denied.

The former congresswoman pointed out that she observed members of the public who had nothing to do with the trial were allowed to sit behind the government attorneys, who were approximately within 10 feet from the jury box and in direct view of the jurors.

She identified those as private attorney and former Attorney General Matthew Gregory, CNMI government attorney Nancy Gottfried, and the extended family of former Commonwealth Utilities Corp.’s executive director Anthony C. Guerrero.

Maratita said, she however, observed the family members of government witness Guerrero receiving special treatment from the U.S. Attorney’s Office and from the U.S. Marshal’s Officers throughout the trial.

She cited that the Guerrero family members were given special sitting directly behind the government attorneys and within close proximity to the jury box and were afforded special treatment at the courthouse entrance as they were allowed to pass defendants’ family members in line.

The Guerrero family members, Maratita said, were never subjected to any harassing or intimidating statements or comments by the U.S. Marshal officers.

Maratita also observed that during the trial the pews at the north side of the court were blocked off thereby preventing the defendants’ family from sitting in those pews.

She said whenever a federal government employee or his or her family member wished to listen in on the hearing, the Marshals, however, would allow those employees or family members to sit in those pews.

Maratita said Marshals also personally escorted jury members from Kristo Rai Church parking lot through the security check-point and that the only time defendants and their family members were allowed to enter the building were after all the jurors entered the courtroom.

“This treatment of defendants and their family gave jurors the false impression that the defendants and their families were dangerous people,” she said.

Maratita said the defense family members and supporters were clearly segregated on one side of the courtroom located behind the columns while the government and its witnesses and their families were given access to the pews nearest to the jury box.

Maratita said that last April 28 she observed the trial of Luis Pelisamen and found a very different atmosphere.

“First of all, the off-island Marshals were no longer present. Secondly, the Marshals did not go out of their way to harass the defendant’s family and supports. Finally, government witness family members were not given special treatment in clear view of the jurors,” she added.

Comparing the two trials, Maratita said, she believes that the Marshals created an atmosphere of fear amongst the Villagomez family and supporters such that jurors were led to believe that the defendants were in fact criminals deserving of punishment.

“I firmly believe that the Villagomez courtroom was the most segregated courtroom I have ever seen, with Villagomez family members whom are primarily Chamorro on one side and, with the exception of Guerrero family members, federal employees and their friends whom are primarily Caucasian on the other side,” Maratita said.