Lt. Gov. Dennis C. Mendiola said he hoped the Attorney General’s Office would take into account what he described as procedural missteps and allow the case against him to end, after prosecutors said they would move to dismiss the charges following a Superior Court ruling.
“It is sad that, you know, the two other defendants, including myself, have to go through all this process and then, you know, find out that there’s a lot of technicalities that have been misstepped throughout this proceeding,” Mendiola told the media after the hearing last Jan. 26. “So, I hope that the Attorney General’s Office just kind of considers that and, you know, hopefully give it a rest so that we can continue to try and save the CNMI from this economic slump.”
According to court filings, Mendiola—who in 2022 was serving as special assistant of the CNMI Homeland Security and Emergency Management office—allegedly ordered the transport of private and rental vehicles on government-chartered vessels, incurring thousands of dollars in costs to the Commonwealth.
Aside from Mendiola, Joey Vincent Dela Cruz, a Homeland Security official, and Justin Paul Mizutani, a lieutenant with the Department of Fire and Emergency Medical Services, were also originally charged in the case.
Mendiola said the case has been disheartening for those involved and expressed hope that dismissal would allow them to move forward.
“It is kind of what, you know, it’s disheartening in this whole situation,” he said. “So, you know, just to dismiss this and kind of allow us to move forward with our lives and, you know, continue to serve our public in our capacity, our official capacity.”
During the Jan. 26 hearing, OAG special prosecutor Olga Kelley told the court she would file a written motion to dismiss before the end of the business day, as instructed by Superior Court Associate Judge Joseph N. Camacho.
The move follows the court’s decision to strike the prosecution’s first amended information after finding it was filed without leave of court, as required under Rule 7E of the Commonwealth Rules of Criminal Procedure.
Camacho ruled that the prosecution was ordered to file a bill of particulars to clarify vague charges, but instead filed an amended information that added counts without first seeking court approval. The court struck the amended filing and determined that dismissal of the case was the proper procedural next step.
Defense counsel for all three defendants—Bruce Berline for Mendiola, Charity Hudson for Dela Cruz, and Joey Patrick San Nicolas for Mizutani—joined in recommending dismissal, noting that the amended information and a bill of particulars are governed by different procedural rules.
Berline also mentioned to the media that the ruling reflected a clear procedural error by the prosecution.
“The court ordered the striking of the First Amendment information, No. 1,” he said. “And No. 2, all the parties, including the prosecutor, agreed that the proper procedure now would be to dismiss this information, the initial information, dismiss this case.”
Berline said the prosecution failed to follow basic criminal procedure.
“You have to follow the rules of criminal procedure,” he said. “Rule of criminal procedure 7E is very specific, and it’s long-standing practice.”
He said the misstep placed a heavy burden on the defendants.
“This is a huge burden on these defendants,” Berline said. “Misconduct in public office is an incredibly vague and ambiguous, overreaching statute, in my opinion.”
Berline also rejected the government’s claim that it lacked sufficient time to respond properly.
“There are other procedures where if you feel that you don’t have enough time, you can go to the court and ask the court for additional time,” he said. “So, I didn’t understand that.”
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