Sagana defense motions for acquittal; judge reserves decision

In the ongoing jury trial of Bonifacio “Boni” Sagana, who faces a driver’s license fraud charge in the U.S. District Court for the NMI, his lawyer made a motion for acquittal yesterday, but District Court for the NMI Chief Judge Ramona V. Manglona reserved her decision on the motion and continued the trial.

Defense counsel Richard Miller made the motion to acquit Sagana soon after the prosecutor, assistant U.S. Attorney Albert Flores Jr., rested his case yesterday afternoon in the U.S. District Court for the NMI.

Miller said the prosecution has not produced enough evidence for the jury to consider, both from the facts of the case and from the prosecutors’ witnesses. He said that the jury could not reasonably find the elements of interstate commerce problem is satisfied—that the production of the driver’s license is in or affects interstate commerce.

Manglona invoked Rule 29-B in reserving her decision on the motion.

Sagana is on trial for and has pleaded not guilty to the charge of conspiring with others to unlawfully produce an identification document—a CNMI driver’s license. The three elements in the case against Sagana are 1: conspiring to knowingly produce an identification document, 2: without lawful authority, and 3: that the production of that document was in or affected interstate commerce.

In arguing that the case violates the precepts of interstate commerce, Flores argued that the license made for Bernadita Zata, the vehicle bought and used by Zata, and gasoline paid for by Zata are all manufactured outside of the CNMI.

“The whole point of manufacturing is to participate in an economy and participate in commerce. Things are manufactured for the purpose of commerce outside of the CNMI and brought here. It is a simple concept and the government has met its burden,” he said.

Miller said these arguments are not sufficient and that the issue is whether the license itself affected interstate commerce. “There’s no testimony that there’s an intention to travel, to cross interstate lines, to cross from Saipan to elsewhere, using this driver’s license,” said Miller.

He said there is testimony that Zata was out of status in the first place, so she’s not going to be able to travel anyway, but that “she had no intention whatsoever to travel on it. She wanted the driver’s license because she wanted a driver’s license within the CNMI—not with any intention to go anywhere else,” he said. “So we submit to the court that there is no sufficient evidence in front of the jury to find that this conspiracy—if it did happen, if it did take place, was in, or affected interstate commerce.”

The prosecutions’ witnesses on Monday were Homeland Security Investigations special agent David West, HSI special agent Fredric Jonas, former deputy CNMI Marshal Eric Esteves, and Zata.

Yesterday’s witnesses were still Zata, then Diosdado Garcia, and Nora Ayuyu.

Upon continuation of the trial, the defense presented two witnesses—Joycie Estabillo and Adrian Ranin—both of whom are friends with Sagana and were assisted by Sagana on occasion with their immigration documents.

Closing arguments will be made this morning, with jury deliberation soon after.

The first day of the trial started last July 6 with jury selection. There are 14 jurors in the trial.

According to Saipan Tribune archives, the U.S. District Court for the NMI issued an arrest warrant for Sagana following a grand jury indictment back on Jan. 31, 2022.

Sagana fled the CNMI before he could be arrested and was only taken into custody last May 16, 2022, in Wisconsin.

The charge against Sagana is punishable by up to a maximum sentence of 15 years imprisonment and a $250,000 fine.