A status hearing in the misconduct and theft case filed by the Office of the Attorney General against Lt. Gov. Dennis C. Mendiola and co-defendant Justin Paul Mizutani was held last May 14, in Superior Court, with another status conference scheduled for July 23.
Associate Judge Kenneth L. Govendo presided over the hearing. assistant attorney general Olga Kelly appeared for the government, while attorney Bruce Berline represented Mendiola.
Attorney Brien Sers Nicholas appeared for Mizutani after former counsel Joey Patrick San Nicolas was elevated to the Superior Court bench as associate judge.
At the outset of the hearing, Govendo acknowledged the substitution of counsel, asking Sers Nicholas if he was now representing Mizutani and the latter answered in the affirmative.
The parties briefly discussed scheduling matters as the case continues moving forward with Kelly saying that the prosecution and the defense briefly discussed another status conference set for July 2026.
Berline agreed, noting ongoing difficulties tied to the current emergency conditions—saying that his office still has no power and his client, Mendiola, is busy with the state of emergency declaration following the onslaught of Super Typhoon Sinlaku.
Sers Nicholas proposed a July hearing date, and the parties eventually agreed on July 23.
Govendo then set the next status conference for July 23, 2026, at 1:30pm, and ordered both defendants to appear.
Mendiola and Mizutani previously entered not guilty pleas last March 9 to refiled misconduct and theft charges brought by the OAG.
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.
Prosecutors allege the actions resulted in more than $60,000 in unpaid rental fees and related losses. Mizutani, a Department of Fire and Emergency Medical Services lieutenant, is accused of helping facilitate the vehicle rentals and movements outside the scope of his official duties.
The OAG refiled 13 counts of misconduct in public office and theft after an earlier case was dismissed without prejudice in January over procedural issues involving the prosecution’s failure to comply with a court order requiring a bill of particulars.
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