Lt. Gov. Dennis C. Mendiola and a co-defendant entered not guilty pleas in Superior Court to a refiled misconduct and theft case brought by the Office of the Attorney General.
Presiding Judge Robert C. Naraja accepted the pleas during an arraignment hearing held on March 9 in the Superior Court.
Mendiola and Department of Fire and Emergency Medical Services Lt. Justin Paul Mizutani each pleaded not guilty to charges contained in a newly filed criminal information. Attorneys for both defendants waived the formal reading of the information and the reading of constitutional rights.
Mendiola was represented by attorney Bruce Berline, while Mizutani was represented by attorney Joey Patrick San Nicolas. Assistant attorney general Olga Kelly appeared on behalf of the government.
During the hearing, Berline told the court the filing represents a new case following the earlier dismissal of the previous charges.
The court entered not guilty pleas for both defendants and scheduled a status conference before Associate Judge Kenneth L. Govendo on April 23.
The court was also informed that a notice of substitution of counsel would be filed because San Nicolas has been nominated for appointment as an associate judge.
The case stems from allegations that between 2022 and 2023, while serving as a special assistant at the CNMI Homeland Security and Emergency Management office, Mendiola authorized the transport of private and rental vehicles aboard government-chartered vessels without legal authority.
According to the refiled information, prosecutors claim the actions resulted in more than $60,000 in unpaid rental fees and related losses. One count alleges that a vehicle was transported without the rental company’s consent.
Mizutani is accused of helping facilitate the vehicle rentals and movements outside the scope of his official duties.
The Office of the Attorney General refiled 13 counts of misconduct in public office and theft against the two defendants after the earlier case was dismissed without prejudice on Jan. 26.
In that earlier ruling, Associate Judge Joseph N. Camacho dismissed the charges after finding the prosecution failed to comply with a court order requiring a bill of particulars outlining the factual basis of the charges. Instead, prosecutors filed an amended information expanding the case from six to 17 counts without obtaining leave of court.
The newly filed case, docketed as Superior Court Case No. 26-0012-CR, was initiated by information on Feb. 3, allowing prosecutors to proceed without a grand jury indictment. The refiling reduced the number of counts to 13 and removed a third defendant who had been included in the earlier case.
Outside the courtroom, Berline said the defense is treating the matter as a fresh start.
“We’re starting over, so we’ll see how it goes,” he said.
Asked about differences between the earlier and refiled cases, Berline said it was too early to assess.
“I don’t know. Like I said, this is in the early stages. You know, we just entered the plea of not guilty, and we’ll see what happens down the road,” he said.
When asked whether a settlement outside court was possible, Berline declined to comment.
“I can’t comment on any of that. You know, that’s the purview of my client. But like I said, this is just arraignment, so very early stages,” he said.
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