Court denies majority of evidence asked for by Rota mayor’s co-defendant

The Superior Court granted in part but denied most of the evidence that Rota Mayor Efraim Atalig’s co-defendant had asked for to defend herself in the jury trial in January 2020.

Vanessa Charfauros, Rota Department of Public Works resident director, was allowed to obtain criminal records and the legal status of the government’s witnesses but was denied the Henthorn material, including internal affairs records, performance goals and awards, and rough interview notes of law enforcement officers and agents involved in the case.

The Commonwealth did not oppose the disclosure of criminal records of the government’s witnesses and their legal status but argued that the court has no mechanism to produce the legal status of witnesses within the control and custody of the federal government.

That prompted Superior Court Presiding Judge Robert Naraja to grant Charfauros’ request for criminal records of the government’s witnesses except for documents and records within the federal government’s custody.

Naraja denied the request for Henthorn material, saying more than mere speculation is required to trigger the Commonwealth’s duty to search files and personnel records.

“Defendant has offered no support for her contention that personnel files, including internal affairs records and performance goals and awards, might contain information important to her case, besides conclusory statement that such information would provide impeachment material,” Naraja stated.

Lastly, Naraja had to deny Charfauros’s request for rough interview notes of law enforcers and agents involved in the case because the government determines which information in its control and custody is exculpatory and there has been no showing by the defense that the notes of law enforcers involved hold exculpatory material.

“If the defendant is aware of specific information contained in the government’s file, ‘she is free to request it directly from the court, and argue in favor of its materiality.’ Mere speculation or allegations that the prosecution possesses exculpatory information will not suffice,” Naraja said.

All the defendants, including Charfauros and Atalig, were charged with theft and misconduct in public office by the Office of the Attorney General 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.