Torres’ motion for declaratory relief deemed moot

The parties involved in the ongoing criminal case against former governor Ralph DLG Torres have agreed that Torres’ motion for declaratory relief to prevent former special prosecutor James Kingman from prosecuting the case is now moot.

During a motion hearing last Monday before Superior Court judge pro tem Arthur Barcinas, the parties in the criminal case against Torres agreed that the former governor’s request for declaratory relief preventing Kingman from prosecuting him is now moot because Kingman has now been sworn in as an assistant attorney general.

Torres’ lawyer, Viola Alepuyo, explained that the defense initially sought to prevent Kingman from prosecuting this case as a special prosecutor, but that no longer applies since Kingman is now a full-fledged AAG.

According to the motion for declaratory relief, Torres said the court should prevent Kingman from prosecuting the case because Kingman’s contract with the attorney general is invalid and unlawful.

Torres explained this is because the attorney general lacks the authority to appoint and hire a special prosecutor for the misconduct in public office case filed against the former governor relating to first class travel.

Kingman, for his part, had argued that Torres’ motion was then and remains improper because, since the motion was filed, the Supreme Court has ruled that the contract at issue was terminated as the special prosecutor and the attorney general moved from a legal services contract to an employment contract.

The parties agreed on this point during last Monday’s hearing.

Kingman was hired back in March for the sole purpose of prosecuting Torres’ criminal case that’s pending in Superior Court.

Kingman’s initial contract with the OAG was set to expire by the end of this year, but it’s believed that he was appointed as an AAG so that he can continue to serve as the head prosecutor for Torres’ case, which remains without a trial date.

After Kingman’s appointment, Torres’ defense team raised questions about his appointment, such as why Kingman’s salary is higher than that of the chief prosecutor for the OAG’s Criminal Division, why was Kingman not hired as an AAG to begin with, and more.

Torres’ defense team says the OAG should also explain to the public why it is paying Kingman so much, specifically $85,000 annually.

Overall, Torres’ defense team was not in favor of the OAG’s conduct concerning Kingman’s appointment.