Hasselback’s request to withdraw as special prosecutor in Ogumoro case denied

Superior Court Associate Judge David A. Wiseman has denied special prosecutor George Lloyd Hasselback’s oral motion to be discharged from a corruption case in which former Department of Public Safety deputy commissioner Ambrosio T. Ogumoro is convicted of.

In an order issued on Monday, Wiseman said he does not find good cause at this time to grant Hasselback’s motion to withdraw as special prosecutor.

Wiseman said that at the April 13, 2016 hearing, Hasselback did not submit any affidavit or testimony as to whether his withdrawal would have a material adverse effect on his client, the government.

The judge cited that under Rule 1.16 of the ABA Model Rules of Professional Conduct, the court may grant the special prosecutor’s motion to withdraw for “other good cause.”

However, Wiseman said, an attorney may withdraw only if it can be accomplished without a material adverse effect on the client’s—in this case, the government’s—interests.

But Wiseman allowed Hasselback until April 29, 2016 to submit on an ex parte basis any stipulation as to alternate candidate(s) for appointment of special prosecutor, or to return prosecution to the Office of the Attorney General or to the Office of the Public Auditor for the remaining prosecution in this matter.

Ex parte refers to an application to the court by one of the parties to the action without the other party being present or heard.

Wiseman said any stipulation must include a sworn affidavit that replacement counsel for the government would not be conflicted from such representation.

The judge said he shall issue a ruling on Hasselback’s submission without a court hearing.

At the April 13 hearing, Hasselback orally moved to withdraw as counsel for the government.

Ogumoro, through counsel Daniel T. Guidotti, did not oppose, subject to the condition that no conflict of interest would prevent appointment of new counsel for the government.

Wiseman then placed under advisement Hasselback’s motion.

Wiseman appointed Hasselback as special prosecutor in the case in August 2012 upon the lawyer’s ex-parte petition for appointment.

The special prosecutor’s duties were “limited to the investigation and prosecution of matters or persons that are connected or relevant to the charges” filed in the case against former attorney general Edward T. Buckingham.

Wiseman’s August 2012 order also disqualified the Office of the Attorney General and the OPA, in part, because those offices represented Buckingham at the arraignment held more than three years ago, on Aug. 6, 2012.

On Jan. 22, 2016, a Superior Court jury found Ogumoro guilty of one count of conspiracy to commit theft of services and one count of theft of services pertaining to the shielding of then-AG Buckingham from being served with penal summons in August 2012.

Wiseman further found Ogumoro guilty of five counts of misconduct in public office, one count of obstructing justice, and one count of criminal coercion.

Wiseman sentenced Ogumoro to one year in prison.

On April 7, 2016, Ogumoro appealed.

Ogumoro started serving his prison term at the Department of Corrections last April 13.