Quichocho is grilled on baby wipes allegedly found in car
Quichocho reiterated his testimony Tuesday that it was his wife, Frances—using his password in his email account and cell phone—who was behind the numerous chats and text messages with Kim.
Thompson cited Kim’s testimony that Quichocho picked her up at the airport on Dec. 30, 2008, and they later had sex inside his car in the parking lot of Aquarius Beach Tower Hotel in Chalan Kanoa. Quichocho denied this.
He said he could not recall having chats with Frances the following day.
Thompson then showed in court copies of an exchange of chats in which Frances confronted Quichocho about finding bloodstained baby wipes in their car. Quichocho admitted it was his and Frances’ chats.
Quichocho also admitted that in the chats, Frances accused him of having an affair and having sex with someone in the car.
Quichocho, however, denied knowing about the baby wipes and reiterated that he did not have sex with Kim in the car.
In reading Frances’ chat messages, Thompson quoted Frances as telling Quichocho that she was not playing games.
Thompson also quoted Quichocho as saying in his replies to Frances that he never denied that he had sex with someone or with Kim in the car, to which the lawyer replied “not here.”
Thompson asked if Frances was lying to him about the baby wipes. Quichocho replied, “I don’t know.”
Quichocho admitted that he and his then client, Kim, entered into a business ground lease agreement. He, however stated that his rebuttal expert witness, Guam attorney Jacqueline Taitano Terlaje, issued an opinion concluding he did not commit a violation of the ABA Model Rules of Professional Conduct.
In her opinion, Terlaje stated that it is her opinion that the record does not support a finding of any ethical violation.
As to Thompson’s question whether Kim was his then client on Nov. 21, 2007, when the ground lease agreement was executed, Quichocho stated that he does not recall the exact date when Kim became his actual client.
When Thompson showed him a document that Quichocho himself prepared, the lawyer confirmed that the memorandum says Kim was his client at that time.
Quichocho explained that in November 2007 he and his wife, Frances, treated Kim as family and at that time Kim needed a property to post bail for her former husband.
Quichocho agreed with Thompson that the ground lease deal can be read as a business transaction between him and Kim.
With respect to the issue of rental, Quichocho admitted that they did not pay Kim all the rent for their apartment unit and his law office. He said it is because of the offsetting arrangement for legal fees as Kim owed him more than the rental.
Quichocho admitted that when they moved out from Kim’s building in San Jose, they removed some items, including furniture and the kitchen sink. The lawyer, however, stated that they removed items that they believe they owned.
Quichocho said the furniture were either given by Kim to Frances as a gift or Frances paid Kim for it. He said he was not privy to Frances and Kim’s discussions about the furniture.
Conflict of interest
On the conflict of interest issue, Quichocho said he drafted the articles of corporation for Tan Dingo LLC, which is a family corporation. He said the original members were himself, Frances, and his uncle, Joaquin Atalig. He said his father and Kim were not original members of Tan Dingo.
Quichocho admitted that all their membership ownership, except Kim’s, was not subject to confirmation. He said he never discussed with Kim that her membership was subject to confirmation. He said Kim was accepted into the company as a family member.
Quichocho denied that Kim came to him to set up the company and that she paid $650.
During the April 25, 2008, meeting with Tan Dingo members, Quichocho agreed that he considered Kim a member but subject to confirmation. Thompson noted that the minutes of the meeting did not indicate that Kim’s membership was subject to confirmation.
Thompson asked if on April 25, 2008, Kim was his client. Quichocho replied Kim must have been his client in some cases. Thompson asked whether this is a business transaction with his client, which Quichocho denied. He said it was kind of emergency meeting because Kim needed the bank account.
Thompson said Kim, Quichocho’s client, is joining his (Quichocho’s) company.
Quichocho said at the time there was no conflict as they were not fighting and they were treating her as a family member. He, however, agreed with Thompson that the conflict of interest rules still apply to even family members.
Thompson said that under the conflict of interest rules, Kim was not informed by his counsel about the membership confirmation. Quichocho said he did not provide that in writing to Kim.
After Quichocho completed his testimony, his counsel Michael Dotts called two more witnesses—Barbara Iglecias and Darla Ann Ulloa. When Saipan Tribune left the courtroom late yesterday afternoon, Ulloa was still testifying.