04 Oct 2017
- By Bryan Manabat – [email protected] – Variety News Staff
FORMER Department of Public Safety Deputy Commissioner Ambrosio Ogumoro is appealing his conviction, sentence and the denial of his request for a new trial in the theft by deception case.
Ogumoro, through attorney Mark Hanson, filed his appeal in the CNMI Supreme Court on Sept. 29, 2017.
The case stemmed from Ogumoro’s decision to sell a DPS car for $50, which cost the department $2,500 to repair.
Hanson said Ogumoro’s appeal from the judgment of conviction, sentence and post-trial motions includes all matters of the admission of the evidence at trial; sufficiency of the evidence properly admitted; and errors in jury instructions.
Hanson said another basis for the appeal is “the erroneous statutory interpretation of 6 CMC § 1603(a)(1) regarding the phrase ‘false impression as to value’ particularly as it differs from and is independent of the penalty provisions of 6 CMC § 1601 (c) and its definition of ‘amount involved in the theft; as ‘the highest value, by an reasonable standard….’”
In addition, Hanson cited the “erroneous statutory interpretation of 6 CMC § 103 (a)(1) defining the term ‘obtain’ as including bringing about a transfer of a legal interest in property by a third party to a fourth party.”
Hanson said they are also appealing the “beyond the powers” aspects of the sentence imposed by the court, and the “persistent and pervasive prosecutorial misconduct during the jury trial that singularly and cumulatively, substantially prejudiced the defendant’s right to a fair trial.”
Superior Court Associate Judge Kenneth Govendo sentenced Ogumoro to six years’ imprisonment, all suspended, and placed him on a six year-probation consecutive with his other previous conviction.
Ogumoro was also ordered to pay a fine of $5,000, restitution of $2,500 for getting the government vehicle in question, and $125 in court fees.
Moreover, Ogumoro will serve 1,000 hours community work service and write a public apology letter.
On May 2, 2017, a jury found Ogumoro guilty of theft by deception for selling a DPS car for $50, which had been repaired for $2,500. Ruling from the bench on the same day, Judge Govendo found Ogumoro guilty of misconduct in public office.
In an earlier separate case, Ogumoro was convicted for shielding then-Attorney General Edward Buckingham from being served with penal summons in 2012. Ogumoro has served a year in prison after his conviction.
Source: Marianas Variety : http://www.mvariety.com/cnmi/cnmi-news/local/99038-ambrosio-ogumoro-appeals-conviction-sentence