Jurors begin deliberations in Roberto case

The fate of 41-year-old Raymond B. Roberto is now in the hands of 12 jurors that began deliberating yesterday afternoon in federal court. With no verdict yet, the jurors will resume their deliberation this morning, Tuesday.

In the U.S. government’s closing arguments that lasted an hour, Assistant U.S. Attorney Rami S. Badawy did a PowerPoint presentation on the evidence that support the charges of three counts of enticing three minors to engage in prostitution and one count of witness tampering.

Badawy said he is confident that when the jurors use common sense, follow the law, and look at the evidence, the only verdict is that Roberto is guilty of all counts.

In Roberto’s closing arguments that lasted three hours, Guam lawyer David J. Lujan said that reviewing the evidence and the testimony of the three alleged minor victims, including one who served as the leader of the three, will lead the jurors to come up with only one verdict—not guilty.

Lujan said this case is all about one girl because the two other girls are just supporting casts. He pointed to alleged inconsistencies in the statements given by the three girls to police officers and FBI special agents during several interviews.

The defense lawyer also cited separate extortion letters written by two of the girls, demanding $400 each from Roberto.

Lujan asked if it is coincidence that the FBI interviewed one of the girls on Aug. 8, 2013, on the same day the extortion letters were given to Roberto.

Lujan said the U.S. government presented only one witness in the witness tampering count—the girlfriend of Randy Igisomar.

Lujan said Igisomar, an inmate, testified that the allegations that Roberto asked Igisomar’s then-girlfriend to get rid of her cell phone SIM card was all a lie—as it was her plan. Lujan said Igisomar’s then-girlfriend’s credibility is suspect as she is a drug addict and was then serving 120 days of prison term and was released from jail early.

The lawyer said the leader of the girls had the motive to lie because she believes it was Roberto who broke her parents’ marriage and caused her mother to become a drug addict.

Lujan cited an FBI interview on Aug. 12, 2013, with the second girl tagged as “Shy Girl,” where she stated that she never spoke to Roberto and doesn’t know how he looks like.

Lujan said the leader of the girls is a strong person, capable of making a story “cooked at the barbecue.”

He said the “leader” changed her first story about running away from home and having sex for the first time with Roberto on March 12, 2013, because the FBI advised her that it cannot be true. At that time, Lujan said, Roberto was in American Samoa giving opening remarks at a conference. The girl then changed the date of her story to April 10, 2013, he said.

Lujan said the girl stated that she first had sex with Roberto at Parville Motel in Gualo Rai on April 10, 2013.

“But the problem is, there’s no Parkville receipt for April 10, 2013. Ask Badawy, let’s see if he comes up with explanation. You said April 12 when [the girl] said 10,” Lujan said.

Lujan said the girls’ stories changed as the days went by.

As to who owns cell phone number 789-3443, Lujan said that is an important question because the girl stated it belongs to Roberto, yet Richard S. Benavente testified it’s his number after the two girls gave the SIM card to him. Lujan urged the jurors to ask Badawy why 789-3443 went totally silent on July 19, 2013, which is the date when police arrested Benavente.

As for the threesome alleged by the three girls, Lujan said there is no receipt from Parkville Motel that charged Roberto with an additional payment as the motel owner would charge $10 for an additional person.

“Do you think you can cheat a Korean?” Lujan asked.

In the U.S. government’s rebuttal, Badawy said the girl got mixed up about the dates when she first had sex with Roberto because she was high on “ice” at the time.

Badawy said they have text messages and Parkville Motel receipts that corroborate the girl’s testimony. He said the text messages between the two girls and Roberto are all submitted as evidence.

Badawy said the first girl never recanted her testimony that she had sex with Roberto many times, her statements were never contradictory. “She was very straightforward. You observed her demeanor,” he said.

Badawy said it is just natural for a girl not to tell everything on the first interview out of fear, out of shame. “It’s not easy for a girl to talk about sex all for money. That’s common sense,” he said.

Badawy said there is no grand conspiracy against Roberto. “There’s no conspiracy, no agreement to set up somebody,” he said.

Badawy said the testimony of “Shy Girl” was consistent that she had oral sex and sexual intercourse the next time with Roberto. The third girl’s testimony, he said, was also consistent that she had sex with Roberto in the motel and that she got paid $100.

Badawy questioned the credibility of defense witness Benavente, saying his story that he owns 789-3443 after the two girls gave him SIM card is absurd. He said Benavente’s story is “absurd, ridiculous, and totally incredible.”

Badawy said Benavente was doing this because he wanted to throw his original attorney to show ineffective legal assistance in his case and to discredit a U.S. government lawyer for prosecutorial misconduct.

Badawy said Igisomar, a convicted murderer, also has no credibility as he admitted to lying under oath before a grand jury.

Badawy said Igisomar’s story is that Roberto only asked him to contact his girlfriend’s sister in Guam to communicate with his Guam lawyer and investigators.

“That’s story is ridiculous and doesn’t make sense,” he said.

Badawy said Igisomar’s then-girlfriend was telling the truth and she’s credible. She testified to having sex with Roberto many times in exchange for drugs and money.

Badawy said the witness even talked about humiliating details about her sexual relationship with Roberto.

When the witness testified, he added, she was already out in jail and so there’s nothing for her to gain.

U.S. District Court for the NMI Chief Judge Ramona V. Manglona is presiding over the case.