Co-defendant in Rota mayor case seeks evidence

One of the co-defendants in the case involving Rota Mayor Efraim Atalig asked the CNMI Superior Court last week to compel the government to produce material that she may use at the jury trial in January 2020.

Vanessa Charfauros, Rota Department of Public Works resident director and one of Atalig’s co-defendant in the case, filed a motion to compel discovery for material that could be used in her defense during the jury trial.

The material Charfauros requested, through her lawyer, Office of the Public Defender’s Heather Zona, include criminal record and legal status of witnesses, Henthorn material including Internal Affairs records and any exculpatory/impeachment information concerning law enforcement involved in the investigation of the case, all field notes and briefing notes of law enforcement concerning the investigation of the case, and material concerning performance goals and awards for law enforcement involved in the case.

According to the motion, Zona argues that Charfauros is entitled to the material requested because it is considered Brady and Henthorn materials and would ultimately aid in her defense.

“The prosecution suggests defendant is seeking access to all personnel records. This is untrue. [Charfauros] seeks those materials which bear on the credibility of government witnesses, and which would be impeaching. Moreover, there is no question such material would aid in Ms. Charfauros’ defense.”

Zona further stated that the prosecution is obligated to comply and produce the material.

Charfauros also requested for an evidentiary hearing to discuss the requested material.

Superior Court Presiding Judge Robert Naraja said last week that he would take the motion into advisement.

All the defendants, including Charfauros and Atalig, were charged with theft and misconduct in public office by the OAG for allegedly attending a Republican campaign rally in Guam in June 2018 in the guise of a legitimate government trip and taking government funds and salary compensation.

Charfauros and Atalig’s co-defendants are Department of Labor Rota resident director Dexter Apatang, Department of Commerce Rota resident director Dean Manglona, Department of Finance Rota resident director Josepha Manglona, Department of Fire and Emergency Medical Services Rota resident director Dennis Mendiola, Department of Community and Cultural Affairs Rota resident director Magdalena Mesngon, and former Department of Public Safety Rota resident director Eusebio Manglona.