Defense wants court to reconsider decision to deny dismissal of case

Just a little over a month before the jury trial of former governor Ralph DLG Torres starts, his lawyers want the Superior Court to reconsider its previous decision to deny their motion to dismiss the case against the ex-governor.

With the ex-governor’s trial already set to start on June 5, 2023, his defense team has now filed a motion asking the court to reconsider, or to alternatively clarify, its Sept. 12, 2022, decision to deny the defense’s motion for dismissal.

“Mr. Torres respectfully requests that the court reconsider its Sept. 12, 2022, order denying defendant’s motion to dismiss for failure to allege essential mens rea. Alternatively, Mr. Torres requests that the court clarify its order and clearly define the mens rea standard required for the Commonwealth to prove with its charges of misconduct in office and of violating CNMI criminal code,” states the motion.

The motion was filed in court last Friday but was only made public last Tuesday, April 11, 2023.

Superior Court judge pro tem Alberto Tolentino had denied Torres’ motion to dismiss the case last Sept. 12, 2022. In his initial motion, Torres sought to have the case dismissed for failing to allege essential mens rea (meaning intent). The criminal lawsuit had been filed against him by Attorney General Edward Manibusan.

Now the defense team for the former governor says reconsideration of the initial denial is warranted because the court’s denial order did not clearly define the mens rea standards for the Commonwealth’s charges of misconduct in office.

“While the court denied Mr. Torres’ arguments, it did not clearly provide guidance on the applicable mens rea standard required for each count [filed against him]. Notably, there is no case law in the CNMI outlining the exact mens rea to be used in judging the crime of misconduct in public office,” the motion stated.

The defense further argues that preparing for trial may prove difficult without guidance on the mens rea standard that the Commonwealth must prove in order to charge the former governor with misconduct in public office.

“This leaves the parties uncertain of the mens rea standard that the Commonwealth is required to prove. The information is therefore not specific enough to advise Mr. Torres of the charges brought against him, or enable him to prepare for trial,” said the defense team.

Torres’ team of lawyers further argues that reconsideration is warranted, or at least an in-depth clarification of mens rea is required because, without it, the court is allowing the defendant to be tried on defective information that fails to allege all of the essential elements of the misconduct in office charge.

“Mr. Torres timely raised the defect in this information and this court noted the information was defective as it did not allege the essential mens rea element. However, this court did not dismiss the information or otherwise require the Commonwealth to remedy the defective information. Instead, it is requiring Mr. Torres to stand trial on a defective information that fails to allege the essential mens rea element. This is in direct violation of the Sixth Amendment and Mr. Torres’ due process rights. It also impacts the jury instructions as the court cannot instruct the jury that the government has charged Mr. Torres with misconduct in public office when, as a matter of law, it has not done so,” said the defense.

Torres is represented by a team of lawyers that include Viola Alepuyo, Victorino DLG Torres, Matthew Holley, and Anthony Aguon.