Torres scores warrantless search on his office

Former congressman Stanley Torres scored the alleged unlawful search and seizure of documents from his office by investigators from Office of Public Auditor and the Attorney General’s Investigative Unit, saying that the Dec. 11, 2003 raid was conducted without a court warrant.

Torres’ lawyers—former attorney general Robert Torres and Perry Inos—asked the Superior Court to suppress evidence obtained from the raid and to impose sanctions against the government for alleged prosecutorial misconduct and abuse of process. They said the raid violated the lawmaker’s right to privacy and unlawful search and seizures.

“Because the search was illegal, because the government knew the search was illegal, and because the government elected to prosecute this action anyway, Mr. Torres seeks appropriate sanctions from this court,” Robert Torres said.

“All evidence and other objects seized on Dec. 11, 2003, including fruits of that most poisonous tree of an illegal search, taken from Cong. Torres’ office, must be suppressed,” he said.

In documents recently submitted to the court, Robert Torres said the government had held on to documents that establish that the raid was actually conducted without a warrant. Deputy attorney general Clyde Lemons Jr. submitted the documents in court only last December, Robert Torres said.

He pinpointed several defects in the affidavit of probable cause executed by OPA investigator Richard Lamkin, which was the one served on the lawmaker during the raid. He said the congressman did not consent to the search of his office.

Robert Torres said the no warrant was ever issued by the court. The document carried by Lamkin appeared to be his affidavit, which was approved by CNMI chief prosecutor David Hutton and former assistant attorney general Karen Severy as to form, and notarized by Superior Court judge Kenneth Govendo.

Robert Torres also contended that search warrants are requested by a policeman or an attorney for the government, based on court procedures.

“The prosecution knew it executed a warrantless search because they never secured the search warrant from a Superior Court judge. Most disturbing is the deliberate concealment of the fact and eagerness to prosecute despite a constitutional defect,” Robert Torres said.

He accused the OPA of violating the Government Ethics Code for failure to transmit a copy of any complaint against Rep. Torres to the standing committee of the Legislature that has jurisdiction over the complaint.

“On top of a warrantless search, the AGO memorandum reveals the depth of the complicity between OPA and AGO to conceal this illegal search and seizure,” he said. “Evidence was concealed and withheld for over one year by the prosecution.”

Stanley Torres and co-defendant Dorothy Sablan, who used to be the lawmaker’s office manager, are facing multiple charges of conspiracy to commit theft, conspiracy to commit theft by deception, and illegal use of public supplies, services, time and personnel.

Stanley Torres also faces multiple counts of misconduct in public office, while prosecutors have also charged Sablan with multiple counts of theft, theft by deception and receiving stolen property.

The Attorney General’s Office filed the charges against Torres, Sablan, and legislative staff Frank Ada sometime last March. The court, however, has dismissed the charges against Ada, without prejudice to their refilling.

Lemons had accused Torres and Sablan of engaging in a fraudulent scheme, wherein the latter received government monies through payroll when she did not actually perform work.

Sablan allegedly received at least five checks totaling $5,384.67 in government payroll in 2003, when she was actually off-island. Ada allegedly prepared fraudulent time and attendance sheets indicating that Sablan rendered work when she was off-island.

Sablan joined Stanley Torres in asking the court to suppress evidence obtained from the warrantless search.