Cop says she did not sign NDA

Police officer Jomalyn S. Gelacio is sworn in prior to testifying yesterday before the House Judiciary and Governmental Operations Committee. The JGO Committee chaired by Rep. Celina R. Babauta (D-Saipan) is investigating Gov. Ralph DLG Torres’ expenditures. (Ferdie De La Torre)

Police officer Jomalyn S. Gelacio told the House Judiciary and Governmental Operations Committee during the start of its investigation into Gov. Ralph DLG Torres’ expenditures yesterday that she was shown a non-disclosure agreement, but that she did not sign it and that she was not pressured to sign the document.

The officer testified that her supervisor at the Department of Public Safety showed her a copy of the NDA and also told the committee that Ralph DLG Torres and first lady Diann Torres never asked her to do illegal acts during her travels with them when she was assigned as personal security detail for Diann Torres for a year.

When asked whether she witnessed Ralph DLG Torres and Diann Torres commit any illegal acts while she was on duty, Gelacio replied, “Not to my knowledge.”

Gelacio appeared at the hearing with a lawyer, Anthony Aguon.

When Saipan Tribune left the House chamber at 4:45pm, the officer was still testifying. She completed her testimony yesterday,

The hearing, which is being led by committee chair Rep. Celina R. Babauta (D-Saipan), will continue today, Friday, at 1:30pm.

Gelacio was the first witness to testify before the committee, which is looking into Torres’ expenditures.

Department of Finance’s finance and accounting director Bernadita C. Palacios, who appeared yesterday morning with Matthew Gregory as her lawyer, was told to return since Gelacio would be called first to testify.

Gelacio said it was lawyer Kimberlyn King-Hinds who assisted her in preparing a letter that she later delivered to the JGO a day before the original June 23 hearing date. She said King-Hinds instructed her to deliver the letter.

Gelacio, Palacios, and special assistant for administration Mathilda A. Rosario did not show up at the JGO Committee’s hearing last June 23, and instead requested for via identical but separate letters, Babauta to issue subpoenas that would compel their presence at the hearing. The three also invoked their right to have a lawyer present with them at the hearing.

When asked how she became a personal security detail for Diann Torres, the officer said a colleague asked her if she’s interested in the assignment. She said she has no idea why she was later removed from that assignment.

Aguon’s role as Gelacio’s lawyer also raised some questions at the hearing and, at some point, provoked questions of what could be asked of Gelacios, after Aguon pointed out that one questions was beyond the scope of the subpoena.

When Gelacio was asked as to her former employer, Aguon objected, insisting that it’s not related to the subpoena and that the subpoena that brought her to the hearing was that she could talk about travels performed on behalf of the CNMI government.

Babauta told Aguon that he’s at the hearing as an adviser to Gelacio and that the questions are directed to the officer as a witness.

Rep. Christina E. Sablan (D-Saipan) said Aguon is not a witness and that the questions are directed to the witness and that she has to answer the questions.

Babauta reminded Aguon that the questions are directed to the witness and that he will have to be recognized in order to speak to raise any objections. Babauta said it is the prerogative of the committee to recognize Aguon for any objections or any concerns he may have.

Aguon asked if he could respond, but Babauta denied and asked Rep. Richard Lizama (D-Saipan) to continue questioning the witness.

Aguon said this is one of the issues they brought up with the House’s counsel. “There’s no written rules and regulations on how to proceed with this committee…” Aguon said.

Babauta said they have the constitutional and statutory authority to conduct this investigation, and that they have the House rule that they follow.

Aguon said it is his duty as an attorney for Gelacio to preserve her constitutional rights.

Sablan then accused Aguon of disrupting the proceeding.

Babauta then asked Lizama to continue his question.

In response to Rep. Vicente Camacho’s (D-Saipan) question, Gelacio said she does not believe that her duty as PSD includes doing shopping for Diann Torres. She, however, admitted that she would drop to school and pick up from school the first couple’s children. The officer denied she was babysitting the children.

In response to Rep. Edwin K. Propst (D-Saiapan) question about the non-disclosure agreement, Gelacio said she was aware of that form, but that she did not sign it.

She said her supervisor showed her the document but that she was not pressured to sign it. She said she does not know how that non-disclosure agreement came about.

She said Ralph DLG Torres and Diann Torres or anybody did not ask her or influence her about her testimony. She said no one was threatening or coercing her from testifying.

Gelacio said the OAG declined to provide counsel for her. She does not know if the OAG authorized DPS to retain counsel for her. It was learned that it was DPS that is paying for Aguon’s services.

She said King-Hinds assisted her to prepare the letter to JGO because Aguon was off-island at the time.

Gelacio said she was assigned for one year as PSD for Diann Torres in 2019.

Gelacio also testified about her trip with Diann Torres in the Philippines, where the first lady bought items for her foundation and visited her mother in the hospital.

Gelacio said she assisted Diann Torres with her foundation by loading some equipment, office supplies, boxes of shirts, and other items. She said she believes these were part of her duties.

Gelacio testified about her boat trip to Guam in June 2018 where she supposed to meet Diann Torres. She said she could not remember who were with her in that boat.

Gelacio also testified about the first couple’s trip to Washington, D.C., where they attended several functions. She said there were two PSD for Diann Torres and two other PSDs for the governor in that trip. She said the PSDs were all in economy class and that she had no knowledge whether the governor and the first lady were in business class.

Saipan Tribune will publish this Monday more details about Gelacio’s testimony on the Guam and Washington, D.C. trips.