Villagomez lawyer given more time to reply to U.S. objection

Guam lawyer David J. Lujan has asked the federal court to give his client, former Lt. Gov. Timothy P. Villagomez, more time to file his reply to the U.S. government’s opposition to a motion to disqualify U.S. District Court for the NMI chief judge Alex R. Munson.

Citing his busy calendar, Lujan asked the court to allow Villagomez until June 4 to file his reply.

Munson granted Lujan’s request yesterday, giving Villagomez until 3:30pm on June 4 to file the reply.

Ramon Quichocho, lawyer for Villagomez’s sister Joaquina V. Santos, also asked the court yesterday for an extension to file replies to the U.S. government’s responses to the defendants’ motions.

Villagomez and Joaquina Santos had filed a motion for a judgment of acquittal despite the guilty verdict that had already been handed down, a motion to disqualify Munson, a motion for a new trial, and motion for judgment of acquittal or new trial.

Quichocho said he needs until June 4 to complete Joaquina Santos’ replies to the U.S. government’s responses.

Lujan stated in the motion to disqualify the judge that during the course of the trial, Munson allowed at least three to four U.S. Marshals and three to four security personnel inside the courtroom, allegedly to protect the individual jurors and providing the appearance that the defendants and their families and friends were threats to the jurors’ safety.

Lujan said no family or family supporters of the defendants were allowed to sit behind the government section during the course of the trial.

Lujan said these actions created the impression of the defendants’ prejudged guilt and gave the government a strategic seating advantage for only one purpose—to be in physical proximity to influence members of the jury.

The lawyer also pointed to Munson’s alleged comments demeaning the efforts of the defense counsel and reflecting his opinion regarding Villagomez.

He also alleged that the judge helped the U.S. government in several instances to question witnesses and admit evidence.

In the U.S. government’s opposition, assistant U.S. attorney Eric O’Malley described as “fanciful speculation” Villagomez’s argument that Munson was engaged in an organized effort to place the prosecution’s witnesses close to the jurors, with the aim of persuading the jurors to convict.

O’Malley said the Sixth Amendment imposes a duty on a trial judge to take reasonable measures to ensure that defendants get a fair trial, free of prejudice and disruption.

O’Malley said Villagomez’s claims “fails on its face.”

He said the defendant gives no specific examples of unfair treatment, relying instead on “opinion” that the judge’s demeanor was directed to the jury and was intended to imply guilt of the defendants.

Last April 24, the jurors convicted Villagomez, his sister Joaquina Santos, and his brother-in-law James Santos of conspiracy to commit offenses against the U.S., wire fraud, theft concerning a program receiving federal funds, and bribery.