Ataligs acquitted of one charge

U.S. District Court for the NMI Chief Judge Ramona V. Manglona acquitted yesterday Rota Mayor Efraim M. Atalig and his girlfriend, Evelyn Atalig, on the charge of theft from a program receiving federal funds. The judge, however, denied the Ataligs’ motion for acquittal as to the remaining charges.

Manglona is expected to issue a written ruling. She heard the motion Tuesday afternoon shortly after assistant U.S. attorney Eric S. O’Malley informed the court that the U.S. government rests its case.

After announcing her ruling without the presence of the jurors yesterday morning, Manglona called in the jurors and told them that the charge of theft from a program receiving federal funds is no longer before them to decide. Manglona told the jurors that they don’t have to ask or determine why.

The dismissed charge was Count 3 of the five-count superseding indictment. The charges that remain are conspiracy to commit wire fraud, wire fraud, and two counts of false statement.

Efraim Atalig and Evelyn Atalig are charged separately with false statement.

The defense’s first witness, Marianas Visitors Authority managing director Priscilla Iakopo, testified, among other things, how MVA and the Rota Mayor’s Office under Efraim Atalig collaborated on destination enhancement projects to beautify Rota, festival events, and promotion activity. She described Efraim Atalig’s attitude as positive, always supportive, and open-minded to MVA’s initiatives.

After Iakopo, defense counsel Steven P. Pixley, counsel for Evelyn Atalig, called to the witness stand Office of the Public Auditor investigator Travis Hurst, who investigated the case that led to the filing of the indictment against the Ataligs. Pixley basically asked Hurst about the dates when Hurst interviewed the Ataligs.

The defense then called to the witness stand Saipan Mayor David Apatang, former MVA managing director Christopher Concepcion, MVA staff Tatiana Babauta, former Rota mayor Joseph S. Inos, Tinian and Aguiguan Mayor Edwin Aldan, and Women’s Affairs field trip supervisor Mary Elizabeth P. San Nicolas.

Apatang testified, among other things, about his process when traveling off-island using government funds and in doing projects with MVA to beautify Saipan.

When asked whether he would sign the travel authorization of a staff with whom he has a “personal” relationship, Apatang said he wouldn’t know because he has never experienced that. “I never date any of my staff,” said the mayor, drawing laughs from the people in the courtroom.

In his view, though, Apatang said that would be a conflict of interest.

Mary Elizabeth San Nicolas of the Rota Women’s Affairs Office, who was the last witness yesterday, testified that she worked with Evelyn Atalig at the mayor’s office for many years and that the latter had a good performance and once received the “Employee of the Year Award,” and that the choice of Evelyn Atalig for the award was made by other people and not the mayor.

San Nicolas said Evelyn Atalig has knowledge of traditional medicine and is active in promoting traditional culture, and would share whatever she learns in off-island conferences.

The defense is expected to call more witnesses when the trial resumes today, Thursday.

In related development, the U.S. Marshal Service had served the court’s subpoenas to 18 more witnesses on top of 21 Rota residents that were also summoned to testify.

Efraim Atalig asked the court to issue the subpoenas.

After the testimony of the U.S. government’s 19th witness Tuesday afternoon, the prosecution rested its case.

The defense then moved for judgment of acquittal. Manglona did not rule on the motion that day, Tuesday.

David G. Banes is the court-appointed counsel for Efraim Atalig. He is joined in the defense team by Joseph Horey. Banes and Horey are members of the same law firm. Steven P. Pixley is the court-appointed counsel for Evelyn Atalig.

In Efraim Atalig’s motion for a judgment of acquittal, Horey argued that the evidence is insufficient to sustain a conviction of the offense of theft from program receiving federal funds. On the contrary, Horey said, the evidence shows that Efraim Atalig cannot be in violation of the statute, which requires that a defendant be the agent of the same government whose funds he misappropriates.

Since the evidence at trial has indisputedly shown that Efraim Atalig is mayor of Rota, while the funds at issue were those of the CNMI, two separate governments are involved, and the statutory element cannot be met, he said.