OAG extends global settlement offer in Mendiola case; hearing continued to late August

The Office of the Attorney General has extended what prosecutors described as a global settlement offer to Lt. Gov. Dennis C. Mendiola, prompting Associate Judge Kenneth L. Govendo to continue the criminal case until late August to give the defense time to review the proposal.

During a status hearing last July 23, assistant attorney general Olga Kelly advised the court that the government had extended what she described as a global settlement offer. Following the hearing, Mendiola's attorney, Bruce Berline, said he had only recently received it and needed additional time to discuss it with his client.

"I really haven't had time. I received it late yesterday," Berline said.

Berline explained that Mendiola had been on Rota, leaving little opportunity to review the proposal before the hearing.

"So basically, I haven't had time to review that offer. And it'll take, I imagine, a substantial time," he said.

Berline said prosecutors described it as a global settlement proposal but that he was still uncertain about exactly what it encompassed.

"I don't really understand what she meant by that. Whether it's with his other case or with all the other defendants, I don't know. I haven't seen it. But I'll take a look at it," Berline said.

Also during the hearing, attorney Brien Sers Nicholas filed a motion seeking to sever the criminal case against his client, Justin Paul A. Mizutani, from Mendiola's case.

According to the motion, Mizutani is requesting a separate trial under Commonwealth Rule of Criminal Procedure 14 because he intends to call Mendiola as a defense witness. The filing argues that a joint trial would prejudice Mizutani's ability to present exculpatory evidence.

Sers Nicholas argues that the government's allegations do not accuse Mizutani of participating in the decision to transport a rented Toyota Tacoma pickup truck from Saipan to Rota or of authorizing the associated public expenditures. Instead, the motion contends that Mendiola is expected to testify that Mizutani "had nothing to do whatsoever" with those decisions, testimony the defense says would only be available if the cases are tried separately.

The motion also cites Commonwealth Rule of Criminal Procedure 14, along with CNMI and Ninth Circuit case law, arguing that severance is warranted because a joint trial would cause "manifest prejudice" to Mizutani while preventing him from fully presenting his individual defense.

The court did not set a trial date and instead scheduled another status hearing for late August. Berline also noted that if Mizutani's motion is granted, there would be "two separate jury trials."

Mendiola and Mizutani previously pleaded not guilty to the refiled misconduct in public office and theft charges.

The case stems from allegations that between 2022 and 2023, while serving as a special assistant with 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 conduct 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 vehicle movements outside the scope of his official duties.

The Office of the Attorney General refiled the case after an earlier prosecution was dismissed without prejudice because of procedural issues involving the government's failure to comply with a court order requiring a bill of particulars.