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IN ONGOING JURY TRIAL OF TOVES
Prosecution, defense rest
»Judge grants motion for acquittal as to 1 count
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Posted on Apr 23 2015
The prosecution and the defense rested yesterday in the ongoing jury trial of former Rota Finance Procurement and Supply acting administrator Tilford S. Toves at the Superior Court on Rota.
Saipan Tribune learned that Associate Judge Joseph N. Camacho, who presided over the trial, granted assistant public defender Mathew Meyer’s motion to acquit Toves on a charge of restricted use of government vehicle.
Jury deliberations on the other charges began yesterday and will resume today, Thursday.
The prosecution rested after its fifth witness of the day, Drug Enforcement Administration forensic chemist Shawn Carter, completed his testimony.
Meyer then moved for judgment of acquittal.
In acquitting Toves on the charge of restricted use of government vehicle, Camacho noted that the only testimony for this charge was from Rota Department of Public Safety police officer and case investigator Francis Manglona, who said that he used to drive the car the defendant was driving several years ago.
Eventually the car was transferred to the Department of Finance.
Camacho ruled that there was no evidence as to the title of the car if it was owned by Finance or the CNMI government.
Further, the judge noted that Manglona testified that he could not determine if Toves was at the airport for purposes of his job.
Camacho said it was not the job of Toves to prove that he owns the car as the prosecution has the burden to prove beyond a reasonable doubt that the vehicle belongs to the government.
Camacho said a simple copy of the vehicle registration from the Rota DPS Motor Vehicle Division could have satisfied the element of proof, but no such evidence was provided to the court.
Meyer did not call any witness and also rested.
The trial began on Monday. The jury will decide as to the charge of conspiracy to commit trafficking of a controlled substance. With the dismissal of the charge of restricted use of government vehicle, Camacho will decide only to one count of attempted illegal possession of a controlled substance.
Police officers arrested Toves and then-Commonwealth Health Center administrative staff Berlinda C. Flawau in June 2014 for alleged “ice” trafficking on Rota.
