On Monday, Guam Superior Court Judge Arthur Barcinas said the Bank of Guam should wait to produce any documents in response to a subpoena issued by the CNMI Attorney General’s Special Prosecutor James Kingman until the court decides on the defense’s motion to quash it in the criminal case against former Governor Ralph Torres.

Kingman subpoenaed Torres’ records from the Bank of Guam in Saipan. In a copy of the subpoena obtained through email and released to KUAM by the CNMI Clerk of Superior Court as a public document in May, the prosecution sought “all Bank of Guam records and transaction records…account applications, deposit slips, withdrawal slips, wire transfer transactions, ATM and/or credit card transactions, cashier’s checks, copies…of all checks drawn from all accounts, and bank statements.”

“The court having considered the arguments…needs some time to do some thinking on this matter and some research on it,” Judge Barcinas said during Monday’s scheduling conference. Barcinas presided via Zoom while both parties attended in-person at the Guma Hustisia on Saipan.

Anthony Aguon, who is part of the former governor’s legal team, argued that the subpoena should be quashed because it is not relevant to the charges, it is not admissible as it does not follow the CNMI rules of criminal procedure, and is not specific as to what records they are seeking from Torres’ personal accounts.

The prosecution argued that the records are relevant as some could relate to documents for reimbursements, travel vouchers, and types of expenses tied to Torres’ first-class travel while in office.

The defense also says Torres’ right to privacy was violated when the prosecution did not redact personal information from the subpoena, which they say was not filed under seal.

However, Kingman disagreed and said he informed the clerk that it was under seal despite it being released to the media.

While Judge Barcinas deliberates on the motion to quash, he noted that he will issue a set of orders and scheduling dates, which both parties will be able to review before they’re set. A motion to amend the information filed by the special prosecutor to include 37 additional counts is pending.

Meanwhile, the prosecution informed the judge that they could be ready for trial in December. However, the defense, made up of four private attorneys, said April 2024 would be best to accommodate their caseload.

CNMI Attorney General Edward Manibusan filed charges in April 2022 for 12 counts of Misconduct in Public Office, one count of theft, and one count of contempt. Torres has denied the charges.