AGO appeals Govendo’s ruling in Ogumoro case

The Attorney General’s Office is appealing the trial court’s decision that suppressed all the evidence seized during the raid at the house of suspended Police Capt. Aniceto T. Ogumoro.

Chief Prosecutor Jeffery L. Warfield Sr. filed Wednesday a notice and certification that informed the Superior Court and the CNMI Supreme Court that the government is appealing Judge Kenneth Govendo’s ruling.

The AGO informed Govendo about the appeal during Friday’s hearing.

Warfield certified that the appeal “is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding.”

Saipan Tribune learned Friday that Ogumoro, through counsel Viola Alepuyo and Joseph James Norita Camacho, asked the Supreme Court to dismiss the appeal.

On March 29, 2006 Govendo orally granted Ogumoro’s motion and suppressed all evidence seized at the raid at the defendant’s house in Capitol Hill on Feb. 10, 2006.

Govendo issued a written opinion on April 17, 2006. He ruled that there was no probable cause to support the search of the house.

In his written order, the judge pointed out that properly preparing and executing a search warrant from its conception protects the people of the Commonwealth from unlawful searches and seizures, and upholds their right of privacy.

Govendo said an individual’s rights are protected when the government takes prudent steps in obtaining a search warrant.

Govendo said Detective Christopher Leon Guerrero failed to exercise due diligence in his investigation and carelessly omitted material facts that would have altered the judge’s finding of probable cause.

In February 2006, police arrested Capt. Ogumoro after they raided his house where they allegedly recovered three rifles and 25 boxes of ammunitions.

The arrest of Capt. Ogumoro was made a day after police arrested his brother, Department of Public Safety range master Ambrosio T. Ogumoro, on allegations he beat up his wife and for illegal possession of a firearm and ammunitions.

The 44-year-old police captain was charged with two counts of unlawful possession of a firearm, one count of possession of a weapon without proper registration, and one count of unlawful possession of ammunition. He denied the charges.