Twice cleared of all criminal charges, spiritual healer and former Port Police officer Frank James San Nicolas may have been acquitted of all allegations of sexual assault, but his fight in local court is far from over.  His second trial drew heated arguments from parties on both sides. 

Now, his defense attorney Jay Arriola wants the prosecutor who tried the case sanctioned, contending she was outright unprofessional throughout trial. 

"Unprofessional does not begin to describe her conduct, said Arriola in his motion for sanctions and a motion to show cause against now former assistant attorney general Richelle Canto. As KUAM News reported, Arriola's client, Frank James San Nicolas, was acquitted in July of allegations that he raped a woman in a cave in Tanguisson area more than two years ago.

A legal battle the former Port Police officer was dragged through twice.  At the end of 2021, San Nicolas was also acquitted of allegations that he raped a separate accuser also at the same beach. 

Attorney Arriola’s lengthy motion cites multiple concerns about Canto’s behavior and misconduct in the courtroom during trial over the summer. Court documents state, “Ex-assistant attorney general Canto called me a liar and a cheater in open court.”

In response to the motion, the Office of the Attorney General argued Arriola also took part in the verbal disputes calling her  “An incompetent prosecutor, a spoiled brat, dumb, and stupid.”

Arriola also arguing Canto’s claims were false whenever she said in open court that Arriola lunged at her in the courtroom and harassed her.

The AG’s Office responded, "It cannot be considered misconduct for an attorney to make a record that she feared for her safety based on opposing counsel’s aggressive behavior toward her."

Additionally, Arriola called Canto's public resignation from the AG's Office during trial unprofessional.

We reached out to the Former assistant AG. She told KUAM News “Mr. Arriola and his law firm’s allegations are merit less and I look forward to defending them vigorously in court.”

According to the AG's Office, their prosecutors can quit their jobs and are never silenced from publicly speaking out. 

The AG’s Office strongly opposed Arriola's request, asking the court to toss it stating “Because San Nicolas was acquitted, the trial court’s jurisdiction has been exhausted.”

The court denied that request and Arriola's motion will be heard on November 15 back in Superior Court of Guam.