by Mindy Aguon
Guam - There was no crime committed and the prosecution failed to properly establish any facts to charge a crime. That's what attorneys for former governor Carl Gutierrez and former GovGuam Retirement Fund Director John Rios argued this morning as they asked Superior Court Pro-Tem Judge Richard Benson to dismiss the charges in the case as they allege another defective indictment.
Gutierrez and Rios are accused of illegally enhancing the retirement benefits for the former governor and depriving the Retirement Fund.
Attorney Mike Phillips told KUAM News, "If you're entitled to these proceeds the fact that you're using a different method to obtain them whether you know it or not, if you're entitled to them in essence you can't be stealing from yourself and that's the key here we don't believe they've alleged any new law or any new facts that would result in anything different."
Prosecutor Bill Bischoff told the judge he doesn't believe it was legal for Gutierrez to retroactively invest with the Retirement Fund, saying doing so is like someone retroactively investing in the stock market. Judge Benson took the motions under advisement and has yet to rule on the defense's motion to have Bischoff disqualified from the case.
The trial is scheduled to begin in two weeks.