‘Include contempt charge against former governor’

James Kingman and Ralph DLG. Torres

The special prosecutor hired by the Office of the Attorney General in the ongoing criminal case against former governor Ralph DLG Torres has filed a motion with the Superior Court seeking to amend the information against Torres to include the previously dismissed contempt charge.

James “Jim” Kingman has filed a motion asking the Superior Court to allow the prosecution to amend the information against the former governor, specifically to include the previously dismissed contempt charge against Torres.

“The Commonwealth, through special prosecutor James Robert Kingman, hereby requests for leave to amend the information in this case. The Commonwealth seeks amendment of the information to include count XIV, initially charged. This proposed amendment does not necessitate additional discovery,” said Kingman.

Back in April 22, 2022, the Commonwealth charged Torres with the following: Count I-XII: Misconduct in Public Office; Count XIII: Theft; and Count XIV: Contempt.

On Aug. 23, 2022, Superior Court judge pro tem Alberto Tolentino issued an order granting in part and denying in part the defendant’s motion for the Office of the Attorney General to withdraw or be disqualified as prosecutor.

In that order, the court dismissed Count XIV without prejudice. That charge was initially filed by Chief Solicitor Robert Glass.

Kingman said the court did note that the charge could be brought by a special prosecutor or other properly screened assistant attorney general.

“James Robert Kingman was admitted to the CNMI Bar pro hac vice as special prosecutor on the present case. In accordance with the court’s order, the initially filed Count XIV is eligible to be brought by the special prosecutor,” states the motion.

“Rule 7(e) of the Commonwealth Rules of Criminal Procedure permits an Information to be amended at any time before verdict or finding if no additional or different offense is charged and if substantial rights of the defendant are not prejudiced,” Kingman added.

Kingman said the Commonwealth further seeks to amend the information by including Counts XV to XlI in the proposed amended information.

“These counts are within the scope of the initial criminal referral to the Attorney General’s Office and, thus within the pro hac vice admission of the special prosecutor. They represent a continued course of conduct by the defendant and include counts only derived from evidence already tendered to defendant,” said Kingman.

In addition, Kingman briefly stated in his motion that the prosecution objects to the appointment of judge pro tem Arthur R. Barcinas.

“Because of his other duties, the Commonwealth is objecting to the named judge pro tempore, Arthur R. Barcinas,” said Kingman.