Palacios to testify in Torres criminal case proceedings

Superior Court judge pro tem Alberto E. Tolentino has denied Lt. Gov. Arnold Palacios’ motion to quash the subpoena served him by Gov. Ralph DLG Torres’ counsel to testify in the ongoing criminal proceedings against the governor.

Last Friday, following a hearing on Palacios’ third-party notice and motion to quash the subpoena, Tolentino denied Palacios’ motion and ordered that he appear at the evidentiary hearing set for tomorrow, May 31, at 9am.

“The court denies Lt. Governor Palacios’ Motion to Quash Subpoena to Testify. To avoid undue burden, Palacios shall only appear at the Evidentiary Hearing, except by further order of the court,” the order stated.

Tolentino also ordered that questions for Palacios be limited to any advice he has gotten from the OAG in regard to premium travel tickets.

“The court orders that examination of the witness at the Evidentiary Hearing shall be limited by relevance to advice, if any, tendered by the Attorney General or the Office of the Attorney General to Lt. Gov. Palacios regarding travel policy or the issuance of premium travel tickets. This order shall not limit Lt. Gov. Palacios’ appearance at trial in this matter,” he said.
Tolentino further explained that based on the arguments made by the parties and applicable law, he found that issuing a subpoena for Palacios to appear at the evidentiary hearing is not unreasonable nor oppressive.

“Palacios has served as acting governor, and his testimony may be relevant to show the relationship between the Office of the Attorney General and defendant,” he said.
Back in April, the court set an evidentiary hearing on May 31, on Torres’ Motion for the OAG to withdraw or be disqualified as a prosecutor.

Last week, the defense served Palacios a subpoena to testify at the May 31 hearing, stating Palacios acted as the acting governor when Torres was off-island. While acting governor, Palacios allegedly authorized, or otherwise delegated the authorization of travel documents.
The defense argued that the testimony of Palacios was needed at the Evidentiary Hearing as the best, and possibly only, evidence to show that Palacios sought advice from the Office of the Attorney General related to policy matters, in his official capacity as lieutenant governor.
Last May 26, Palacios submitted the motion to quash the subpoena through his attorney, Michael N. Evangelista, who argued that any testimony that Palacios could provide at the evidentiary hearing on Torres’ motion for the disqualification of the OAG would lack legal or factual relevance because he claims he was not involved in any discussions between the governor and the Office of the Attorney General related to the charges brought against the governor.

Additionally, Evangelista argued that Palacios was not a member of the Travel Committee that worked on the Travel Regulations referred to in Torres’ motion.

“Rather, he said he could only testify to public policy and acts in his official capacity as lieutenant governor,” the lawyer said.

Lastly, Evangelista argued that the subpoena against his client must be quashed because compliance with the subpoena would subject Palacios to undue burden because day-to-day attendance at the hearing would infringe on his client’s duties and responsibilities as lieutenant governor.