Former AG Torres chides Brown

Former attorney general Robert Torres chided his successor, Pamela Brown, when he insisted on the relevance of putting her name in the charging documents in connection with a criminal case ex-congressman Stanley Torres is facing.

Torres, the lawmaker’s attorney, said the disclosure of the attorney general’s identity—on whose name criminal prosecutions are being brought in court—is a check against abuse of prosecutorial authority.

“The reason for ‘doing it right’ is obvious: to ensure and check against prosecutorial authority by every Assistant Attorney General wielding the great power of the AG bestowed upon that person by the people of the Commonwealth,” Torres said.

Deputy Attorney General Clyde Lemons Jr. and CNMI chief prosecutor David Hutton had signed the charging documents against the congressman and former legislative staff Dorothy Sablan and Frank S. Ada, who were allegedly involved in a fraudulent scheme to keep Sablan on government payroll even if she was actually off-island.

The defendants had requested the court to annul the charging documents, saying only the attorney general has the authority to prosecute any violation of criminal law in the CNMI. Superior Court judge Juan T. Lizama rejected the request, but directed the prosecutors to amend the charging documents to include the name of Brown, the current attorney general.

“Does the prosecution not know the identity of the AG from whose authority prosecution counsel have been delegated prosecutorial discretion? If the office of the AG files an [criminal] information…why is it too much to ask that the name of the AG, upon whom the power to prosecute is conferred by the people, be identified in an information?” Torres asked.

He said the attorney general’s identity should be disclosed, considering also that the prosecution seeks to take away a person’s right to liberty.

Hutton disagreed with Torres, but said he would amend the criminal information to include Brown’s name and file the charging document possibly next week.

He also disagreed with Lizama’s recent ruling on his clarification request on an earlier court order, which essentially denied the defendants’ dismissal request but nevertheless directed the prosecution to amend the charging documents.

Hutton said he anticipates the defendants to question the legitimacy of Brown’s tenure as attorney general, who is constitutionally empowered to initiate criminal prosecutions.

The congressman has been at odds with Brown when he opposed her nomination as attorney general. Brown had just been confirmed to the post when the charges against the congressman were filed in court. The AGO claimed that investigations against the lawmaker began even before Brown was confirmed.

Lemons and Hutton charged the congressman with five counts each of misconduct in public office, conspiracy to commit theft, conspiracy to commit theft by deception and illegal use of public supplies, services, time and personnel.

They filed against Sablan five counts each of the last three offenses. Additionally, the prosecutors filed five counts each of theft, theft by deception and receiving stolen property against her.

Ada faces four counts each of conspiracy to commit theft and conspiracy to commit theft by deception, and illegal use of public supplies, services, time and personnel.

The criminal information alleged that Sablan received at least five checks totaling $5,384.67 in government payroll in 2003, when she was actually off-island. Sablan used to be the congressman’s office manager. Ada allegedly prepared fraudulent time and attendance sheets indicating that Sablan rendered work when she was off-island.