Torres’ request for probable cause hearing granted

Superior Court judge pro temp Arthur Barcinas has issued an order granting former governor Ralph DLG Torres’ request for a probable cause hearing in the ongoing contempt case filed against him by the Office of the Attorney General.

In an ordered issued by Barcinas last week, without giving an explanation, he granted Torres’ request for a probable cause determination hearing further pushing back the former governor’s arraignment in the ongoing contempt case filed against him.

In his order, Barcinas instructed the prosecution to present testimonial evidence before the court on April 15 to determine if there is probable cause to try Torres with the charges filed against him.

“The evidence shall be presented in the same manner of presentation as a preliminary hearing. Testimonial evidence will be presented in court and the attorneys will be required to appear in court for the taking of testimony,” he said.

The information filed by the OAG against Torres includes two counts: contempt and misconduct in public office for committing contempt under color of office. The prosecution must present testimonial evidence in support of these charges for the court to determine probable cause against Torres.

The contempt charge filed against Torres carries a penalty of an imprisonment term of one year, or a fine of $1,000, or both.

As for the misconduct in public office charge, it carries a penalty of an imprisonment term of two years, or a fine of $1,000, or both.

Previously, Torres’ attorney—who is also his brother—Joaquin “Jack” DLG Torres argued that the penal summons served on the former governor was defective because of the lack of probable cause determination that shows Torres must answer the charges filed against him.

“There is lack of a probable cause determination. We are not asking for a preliminary hearing. Our CNMI Constitution prohibits unreasonable seizures. What we have here today is that Mr. Torres is required to come to court to answer certain charges. That itself is a seizure of his rights. Instead of being out there and earning a living for his family, he is required by the government to appear in court today to answer certain charges. Without probable cause, we believe that violates our CNMI Constitution,” said Jack Torres.

Citing different scenarios involving other criminal cases, he also argued that Ralph DLG Torres’ equal protection rights are being violated. Specifically, Jack Torres argues that Kingman’s penal summons was not signed and reviewed by a judge. In other criminal cases, he said, a judge must first review and sign off on an arrest warrant for others, showing probable cause to charge a defendant, therefore Torres’ equal protection rights were violated.

“Here the penal summons was signed by a clerk and was not reviewed by a judge. What is happening in Mr. Torres’ situation is that…there is no requirement for the government to show probable cause. If this is allowed, Mr. Kingman can charge anybody out there with what he wishes, and we have no knowledge at all if an investigation was launched,” he said.

Meanwhile, Kingman argued that these arguments have already been ruled on in previous cases and only highlights the defense’s delaying tactics.

“Once again, they attempt to argue the lack of a law’s language is the basis for their relief, this time shifting their claim away from what they argued in their appearance about the need for a probable cause hearing before an information and, despite what was ordered to be briefed, argues that it is the penal summons that needs a probable cause finding before issuance. It is simply the most recent in a series of increasingly silly and desperate efforts to impede the legal process. Such petulant law mongering is not merely insulting but sanctionable. The present motion is part of a pattern by defendant of asking the courts to abase themselves into a pretense of legitimate concern over frivolous motions. Further indulgence of kayfabe appeals to high [principles] will only continue to delay the straightforward legal issues beyond the point of adjudication, denying the Commonwealth’s interest in the administration of justice,” Kingman said. .

On Dec. 19, 2023, Barcinas directed the prosecution to refile the penal summons against the former governor.

Kingman refiled the contempt charges against Ralph Torres for contempt over his failure to comply with a legislative subpoena last December 2021.

Aside from contempt, Kingman also charged Ralph DLG Torres with misconduct in public office for failing to appear in compliance with the legislative subpoena.