Charges vs Stanley dismissed

More than a week after a rumored settlement, the Attorney General’s Office asked the Superior Court yesterday to dismiss the criminal charges against former congressman Stanley Torres, ending the more than one-year-old case in a proceeding that lasted only one minute.

When the proceeding started at about 9:42am, deputy attorney general Clyde Lemons Jr. told Judge Juan T. Lizama that he is filing a pleading. He approached the judge and handed the document to the magistrate.

Torres’ attorneys, former attorney general Robert Torres and Perry Inos, appeared with the former lawmaker at Lizama’s courtroom but they did not say a word. The judge then dismissed all 20 charges against Torres and the 30 charges against co-defendant Dorothy Sablan.

The charges, which included multiple counts of theft, theft by deception, misconduct in public office, and illegal use of public supplies, services, time and personnel, stemmed from Sablan’s receipt of government paychecks totaling $5,384.67 when she was serving as Torres’ office manager.

The AGO had alleged that Sablan was actually off-island at that time when time and attendance sheets were tampered with to reflect that she rendered work. Charges against Frank Ada, the legislative staff who allegedly prepared the alleged fraudulent time and attendance sheets, had earlier been dismissed.

The dismissal of the charges against Torres and Sablan did not come as a surprise, amid rumors that the parties had been negotiating on the resolution of the case. Based on Lemons’ request, the judge dismissed the charges with finality without the possibility of re-filing them again.

The former congressman hugged with friends and supporters, including Sen. Pete Reyes, after the court handed down its decision. Then, he hugged his wife Arlene, while his son Stanley Jr. was also present. He said the experience of undergoing legal battle further strengthened family ties.

“More than anything else, I am thankful for each day that I have had each of you beside me. I love you all so much. I stand proudly and with my head held up high walking out of the courthouse in your arms. I am the luckiest man in the world because of my family, my many good friends and supporters, and my auntie Rosalia Salas Concepcion,” he said.

“To my family, friends and supporters in our community, I thank each and everyone of you, from the bottom of my heart, for your confidence, strong support, and unyielding loyalty. I have been motivated and honored by your constant words of encouragement and believe in our judicial system to keep fighting as I have always fought in my years of public service,” he added.

The former lawmaker lauded his attorneys, who emphasized the important functions that their former opponents have in the community. Particularly, Robert Torres stressed the AGO’s role in ensuring justice and that of the Office of Public Auditor in serving as “the beacon of integrity” in government.

“The role of the OPA continues to be important and necessary in this community at all times,” Robert Torres said. “We are glad that this case is over.”

Public auditor Mike Sablan, who attended yesterday’s proceeding, refused to comment, saying that the parties had agreed to keep the terms of the settlement confidential.

The court had suppressed a substantial amount of evidence obtained during that Dec. 11, 2003 raid on Torres’s office and another one on Feb. 25, 2004. Torres’s camp had assailed the raids as illegal. Lemons had conceded that evidence seized during those raids should be suppressed.

This sudden development came about earlier this year even as the court had set the trial to begin by July 5, after Torres’ camp discovered that the government was armed with a defective search warrant during the controversial 2003 raid.

The document carried by OPA investigator Richard Lamkin appeared to be his affidavit, which was approved by CNMI chief prosecutor David Hutton and then assistant attorney general Karen Severy as to form, and notarized by Superior Court judge Kenneth Govendo.

Robert Torres said that the court issued no warrant to search Stanley Torres’ office. He also noted court procedures that a policeman or an attorney for the government should be the ones who should request for a warrant—not the public auditor. The congressman did not consent to the searches on his legislative office, he added.

Later, Torres’ camp asked the court to suppress evidence seized even before the 2003 raid, which, if granted, would have divested the AGO of its evidence in prosecuting the case. Robert Torres said that the OPA improperly seized government agency records without obtaining a warrant.

Although Lemons initially opposed that request, reports came out that negotiations were going on for the dismissal of the case. He did not specify any grounds in asking for the case’s dismissal.

“It’s over. Prosecutorial discretion—I used it. The case is dismissed with prejudice,” Lemons said.
Lemons said there were a number of factors behind his decision, but he did not enumerate them.