A major update to one of the Government of Guam corruption cases. 

The Attorney General has been disqualified due to a conflict in the case against Guam Regional Transit Authority officials. 

Defense Attorney Jay Arriola represents defendant Alejo Sablan. 

He said, “My client is certainly pleased the court has seen as we did that the current Attorney General has a clear conflict of interest in representing both GRTA and then trying to prosecute the officials from GRTA for the positions and actions they took in compliance with the advice that the other attorney from the AG’s office gave them.”

Sablan is charged along with Jennifer Badar Cruz, Richard Ybanez, Kevin Susuico and Anthony Chargualaf.

Prosecutors alleged government funds were improperly used to pay Ybanez for a position he was not qualified to hold.

Superior Court Judge Alberto Tolentino ordered a special prosecutor to be appointed in the next 30 days.

Arriola said they will move to have the case dismissed.

Acting Chief Prosecutor Gloria Rudolph issued the following statement in response to the court's decision. 

"We believe that the decision interferes with the elected AG's duty to investigate and to prosecute public officials accused of wrongdoing, as required in 5 GCA Sections 30104 and 30109, and other laws." said Rudolph. "We respectfully disagree with the decision. We intend to bring a motion for reconsideration and clarification of this decision before the Court, and possibly take such further steps necessary to protect our clients legal rights and their democratic choice of Attorney General."

 

Attorney Arriola replied, "The AG should read the Order again. The Office is disqualified. They have no basis to reconsider or 'clarify.' Nor can the Government appeal this decision. The AG must accept the fact that AG Moylan made this mess himself: he caused the conflict from the very beginning while investigating and indicting his clients. And the only way to put it to rest is to dismiss it. Even a special prosecutor cannot fix this."