US govt’s motion to seal witness list denied

The federal court has denied the U.S. government’s motion to seal its list of witnesses in connection with the case against Lt. Gov. Timothy P. Villagomez and co-defendants James A. Santos and Joaquina V. Santos.

In an order issued Thursday, U.S. District Court for the NMI Chief Judge Alex R. Munson said the U.S. government asked on March 23 if it could file its witness list under seal. Munson said he determined that same day that the reasons the U.S. government gave were insufficient. The judge said the list was then filed and not placed under seal.

“This order confirms the court’s oral order,” Munson said.

In a two-sentence motion, assistant U.S. attorney Eric S. O’Malley had asked the court to allow the U.S. government to make the witness list available to the defense only, with instruction for it not to be made public.

Ramon K. Quichocho, lawyer for Joaquina Santos, opposed this. Villagomez joined the opposition.

Quichocho argued that the U.S. government’s one-page motion fails to cite even a single reason that warrants the sealing requested and fails to override the primary justifications for openness of criminal proceedings.

The lawyer said the government’s motion fails to cite any compelling interest why its motion should be granted.

“Absent that, the public and the press’ presumptive right of access to the records and documents protected by the First Amendment must take precedence over the government’s unstated and undefined compelling interest in having its witness list sealed,” Quichocho said.

The trial of Villagomez and the Santos couple is set for Monday at 1pm.

The judge has summoned 227 prospective jurors, from among whom 12 plus one or two alternates will be selected to decide the fate of Villagomez and his co-defendants.

The prosecution and defense lawyers will then have their opening arguments.

The superseding indictment charged Villagomez and the Santos couple with bribery concerning a program receiving federal funds, conspiracy to defraud and to commit offenses against the U.S., wire fraud, and theft concerning a program receiving federal funds.

The indictment alleged that Villagomez accepted a $15,000 bribe from the Santos couple for approving the purchase of Rydlyme, a cleaning and de-scaling chemical, for the Commonwealth Utilities Corp. The couple was also charged with bribery for allegedly offering the $15,000 to Villagomez. The three pleaded not guilty.