Hasselback: OPA has authority to file charges vs Fitial

Office of the Public Auditor legal counsel George L. Hasselback insists that OPA has the authority to file criminal charges against former governor Benigno R. Fitial because it was the Superior Court itself and the Office of the Attorney General that granted that authority.

Hasselback is asking Superior Court Associate Judge David A. Wiseman to reconsider his recent order that dismissed the criminal charges against Fitial.

In his dismissal order on Nov. 6, Wiseman ruled that OPA has no authority to file the charges against Fitial, now a private citizen, and that the attorney general retains prosecutorial authority over such an action when the defendant is not currently in office.

In the government’s motion for reconsideration, Hasselback asserts that he has two independent sources of authority to investigate and prosecute the charges.

The four charges are related to the police escort provided to former attorney general Edward Buckingham on Aug. 3 to 4, 2014, allegedly to shield him from being served a penal summons.

Hasselback pointed out that Wiseman himself appointed him on Aug. 17, 2012, as a special prosecutor “to ensure the fair administration of justice.”

That appointment, Hasselback said, was specifically limited to the investigation and prosecution of matters or persons that are connected to or relevant to the charges filed by the government against Buckingham.

Hasselback said this appointment was specifically intended to empower him to investigate and, if need be, prosecute any persons that “unlawfully aided Buckingham in attempting to avoid service of process” on Aug. 3-4, 2012.

He said there has been no further order from the court modifying or rescinding the authority granted in the Aug. 17, 2012 order.

Therefore, Hasselback said, when Wiseman dismissed all charges against Fitial last Nov. 6, he was still a special prosecutor appointed by the court to investigate and prosecute any unlawful activity related to Buckingham’s escort.

Hasselback also cited that on July 3, 2013, then-AG San Nicolas appointed him as a special assistant attorney general. The appointment, he pointed out, was specifically “for the purposes of investigating and/or prosecuting any violations of criminal law stemming from Buckingham’s flight from the Commonwealth.”

Again, there has been no modification or rescission of this appointment, Hasselback said.

In fact, he said, current Attorney General Gilbert Birnbrich has confirmed that the July 3, 2013, designation letter remains in full force and effect and that he (Hasselback) remains a special assistant attorney general for the purposes of “investigating and/or prosecuting any violations of criminal law stemming from Buckingham’s flight from the Commonwealth.”

Therefore, Hasselback said, when Wiseman dismissed all charges Fitial, he was still a special assistant attorney general appointed by the AG to investigate and prosecute any unlawful activity related to Buckingham’s escort.

By its own terms, the dismissal order is rendered erroneous, Hasselback said.

OPA filed 13 charges against Fitial. The charges are related to the unauthorized release of a federal inmate, award of a sole-source American Recovery and Reinvestment Act contract, shielding of Buckingham from being served with penal summons, and the execution of a power purchase agreement contract related to the Commonwealth Utilities Corp.

Fitial pleaded not guilty to all charges.