AGO: Suppress evidence in Torres case

The Attorney General’s Office has conceded that evidence obtained from the office of ex-Cong. Stanley Torres during a warrantless raid more than a year ago should be barred from the lawmaker’s trial.

Deputy attorney general Clyde Lemons Jr. also agreed to have the evidence obtained during another search suppressed except for purposes of impeaching witnesses’ testimony.

Unlike the situation in the Dec. 11, 2003 raid, law enforcers secured a search warrant during another raid on Torres’ office on Feb. 25, 2004.

Lemons, however, stipulated that evidence obtained in both raids be barred from the trial, except for impeachment purposes only.

Torres had earlier asked the Superior Court to suppress evidence obtained by the Office of Public Auditor and the Attorney General’s Investigative Unit during the 2003 raid, additionally asking the court to impose sanctions against the AGO for alleged prosecutorial misconduct and abuse of process. Torres’ camp only knew about certain evidence in December 2004 as part of the case’s discovery process.

Lemons pointed out, however, that the discovery process did not proceed like other criminal cases do, saying that a number of pleadings were filed and had to be litigated first.

“This case even went up to the CNMI Supreme Court prior to arraignment,” Lemons said. He said the arraignment of Torres and his co-defendant, Dorothy Sablan, only happened on Oct. 18, 2004.

“The prosecution realizes that it has a continuing duty to disclose and takes legal and ethical responsibly with all due seriousness,” Lemons said.

Torres and 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.

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 AGO filed the charges against Torres, Sablan, and Frank Ada sometime in March 2004. The court later dismissed the charges against Ada, who used to be a legislative staff, 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.