by Mindy Aguon

Guam - Why did the Attorney General's Office order the Guam Police to pull a mobile phone from evidence to see what it contained when the office had already decided not to prosecute the case? That's the question local businessman James Adkins is trying to get the answer to.

During arguments before District Court Magistrate Judge Joaquin Manibusan this afternoon, Adkins' attorney, Anita Arriola, presented multiple reasons why she believes the AG's Office must be disqualified from representing police officers being sued in the case. Adkins was arrested in 2009 after taking photographs on his cell phone of a car crash.

The AG's Office declined to prosecute the case but when the lawsuit was filed, Assistant AG Rob Weinberg told GPD to pull the phone from evidence to view what it contained. Arriola contends his involvement in the case poses a conflict. Weinberg meanwhile defends the legal advice he gave and said the officers' submitted waivers of any conflict of interest and he should not be called as a witness in the case.

The matter was taken under advisement.