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NMI high court hears former DPS official’s appeal

THE local Supreme Court on Tuesday heard the arguments of former Department of Public Safety Commissioner Ambrosio Ogumuro who is appealing his conviction.

On May 2, 2017, a jury found him guilty of conspiracy to commit theft of services, theft of services, and misconduct in public office, but Superior Court Judge Kenneth Govendo did not sentence Ogumoro to a prison term.

Hearing the appeal were CNMI Supreme Court Justice John A. Manglona, Guam Supreme Court Justice Robert J. Torres, and Guam Superior Court Judge Elyze M Iriarte.

According to Ogumoro’s attorney, Daniel Guidotti, the evidence was insufficient to convict his client of felony conspiracy to commit theft of services and theft of services; the trial court erred by failing to instruct the jury on the lesser included offenses of misdemeanor theft of services and conspiracy to commit theft of services; and the trial court erred in convicting Ogumoro of misconduct in public office in violation of 6CMC § 6101(a) as the statute poses no duty to serve an invalid penal summons.

Special prosecutor George Hasselback argued against the appeal.

After the hearing, Guidottti said, “We are feeling confident about the appeal. We expect the decision hopefully in about 4-6 months.”

On March 30, 2016, in a separate case, then-Superior Court Associate Judge David Wiseman sentenced Ogumoro to one year of imprisonment for his conviction on three felonies and six misdemeanors for shielding former Attorney General Edward T. Buckingham from being served with a penal summons in Aug. 2012.

Source: Marianas Variety : http://www.mvariety.com/cnmi/cnmi-news/local/100455-nmi-high-court-hears-former-dps-official-s-appeal

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