Villagomez lawyers want acquittal or another trial

The lawyers of former Lt. Gov. Timothy P. Villagomez want a retrial or an acquittal of their client, arguing that the government failed to prove that the islands’ second highest official committed wire fraud, theft, and bribery.

In a 14-page motion for judgment of acquittal filed in the U.S. District Court for the CNMI on May 1, lawyers David Lujan and Joey San Nicolas described the federal court’s guilty verdict as unfair and unjust.

Villagomez, his sister Joaquina V. Santos, and his brother-in-law James Santos were convicted on April 24 of conspiracy to commit offenses against the U.S., wire fraud, theft concerning a program receiving federal funds, and bribery.

Villagomez’s lawyers argued that none of the elements of conspiracy was satisfied, considering that government witness Anthony C. Guerrero repeatedly agreed during cross examination that there was no agreement between himself and any of the defendants.

No evidence of fraud or any transmission of signals or sounds by means of wire in interstate and foreign commerce was found, they said. The only thing presented, the lawyers said, was the wire transfer from Saipan to Illinois.

They added that the government did not call a single witness to testify that the application for telegraphic transfer was, in fact, approved by a local bank and if the money was actually sent from the CNMI to Illinois by means of wire.

For these reasons, the lawyers said the court should grant Villagomez and his sister’s motion for judgment of acquittal. Alternatively, they said, the court should hold a new trial in light of the multiple jurors’ misconduct.

Judicial misconduct

A separate 12-page document also asked for the disqualification of U.S. District Court for the CNMI judge Alex Munson.

Villagomez’s and his sister’s lawyers stated that Munson showed “apparent bias” and made “prejudicial comments” amounting to judicial misconduct.

As a result, they said, the defendant was denied his right to a fair and impartial judge.

They said the evidence of bias and misconduct is “overwhelming.”

Lujan and San Nicolas said the motion was filed when they discovered, through cross examination of government witness Joseph Muna Fejeran, that he had not only participated in the jury orientation but also served as the government’s jury consultant.

The court, they said, did not disclose its communication with Fejeran and they presumed that the government used Fejeran’s comments.

The same document stated that the court made numerous comments demeaning the efforts of the defendant’s counsel and reflecting his opinion regarding the defendant. It also, on numerous occasions, assisted the government in questioning witnesses and in the admission of evidence, they said.

“The court’s conduct created the impression for the jurors that the defendants were a threat to them,” the lawyers said.

They asked that Munson be disqualified from further participation in the case to preserve the constitutional integrity of the proceedings.

Villagomez and the other defendants are scheduled for sentencing in July.