In the Superior Court of Guam's Northern Sattelite, his defense attorney Jay Arriola addressed the court: "We enter a plea of not guilty."

Chief Environmental Health Officer Masatomo "Tom" Nadeau is charged with obstructing governmental functions and official misconduct with a special allegation of crime against the community.

His attorney, Pat Civille gave is plea: "We enter a plea of not guilty."

The pair are among two government corruption cases handed down in the Superior Court of Guam.

Both are accused of allegedly approving health inspection reports prosecutors contend never happened at Simon Sanchez, George Washington, and Southern High Schools.

San Agustin and Nadeau appeared before Magistrate Judge Benjamin Sison today for arraignment.

Prosecutors wanted the duo to have no contact while the case is underway, but the court ruled against it following arguments by the defense.

San Agustin’s attorney called out Attorney General Doug Moylan both inside and outside of the courtroom.

"On behalf of Art, we thank the judge for hearing us out and providing reasonable conditions on his release," he told KUAM News. "As we indicated to the court, there’s a serious problem when the AG takes it upon himself to indict government officials in the course of their work. I use the word – hamstring. The AG’s office is hamstringing the government of Guam and making it very difficult. How do you expect these guys to do their jobs to inspect the schools when you are telling them you can’t communicate, you can’t have any contact. It’s just ridiculous. The charges themselves are specious. Once these things are revealed for what they are, we intend to litigate this case and allow Art to return to his position. After the evidence is fully reviewed, Art will be dismissed of any charges, if not, have them dismissed outright.

The criminal case comes as schools ar in crisis mode with Public Health trying to inspect before the delayed opening. KUAM asked how it's impacting those efforts.

"Because of the nature of the case, I advised Art not to make any comments, just to do his job, do the best he can and we don’t want to have to face scrutiny over what he has to do versus these charges," Arriola responded. "It just emphasizes the political nature when you have politicians clamoring about government corruption. This case is about pressing a button that sends out sanitary permits June 30 of every year. Thousands of sanitary permits are sent out June 30. Does the law require Public Health to inspect every premise before June 30? No, it doesn’t. So why is he charged with a crime for not inspecting Simon Sanchez and GW? The law doesn’t require it. It’s as simple as that. He’s made a crime where none exists.

KUAM: You pleaded not guilty today. 

Arriola: That’s right! Because he is not guilty and we even doubt there is even a crime.

KUAM: Politics aside, I am sure the public wants to know are the kids schools safe?

Arriola: Art and the DPHSS and DPW, and GDOE and the chairman of the legislative committee on education and the speaker and their majority over there will make sure everything is taken care of because they know it all.

San Agustin and Nadeau, who both remain on the job and have no intention of stepping down, asserted their speedy trial rights.

Also showing up to court today in a separate government corruption case-- Guam Regional Transit Authority Board chair Alejo Sablan, former GRTA certifying officer Jennifer Badar Cruz, and GRTA board members, Inalahan Mayor Athony Chargualaf and Hagat Mayor Kevin Susuico.

 

Prosecutors allege the group was involved in a scheme to put Richard Ybanez, former interim executive manager for GRTA, in the position he was never qualified to fill.

Ybanez did not appear in court today.

The charges include theft by deception, conspiracy for misapplications of entrusted funds, misapplication of entrusted funds, and official misconduct along with special allegation of crime against the community.

Sablan, Chargualaf and Susuico pleaded not guilty.

Cruz, who is also charged with tampering with public records, and Ybanez are scheduled back in court on Aug. 9 to answer to the charges.

Susuico’s defense attorney, Peter Santos told KUAM, “The case is really an h.r. issue, not a theft in any sense of the word. It’s not like Ybanez was getting paid and not showing up to work. Such a ridiculous and inappropriate charge.”

Arriola who also represents Sablan in this case also had this to say: "These people are public servants. We have two mayors, we have a retired government of Guam official and chairman of the board plus the other employees of the agency all in the guise of headlines in a so-called government corruption. This is not a government corruption case at all. There is barely a crime. As I argued, the board appointed someone interim, a temporary manager and that says it all.

KUAM: And that man, at the center of it all wasn’t even at today’s hearing.

Arriola: I believe the court has continued his hearing for him to be present.

KUAM: I know that you pleaded guilty. Anything you want to say to how this is being prosecuted?

Arriola: We ask and remind everybody to let the system take its course. Just because the ‘toughest AG on crime’ says there is government corruption doesn’t necessarily make it so. People on Guam have short-term memories. I remember when this AG was the first elected AG and went indicting numerous government officials, the vast majority was acquitted, dismissed and expunged. I know because I represented many of them so here we go again many years later.

KUAM: You are pretty confident that bringing up what happened decades ago that you may just get the same acquittals in this case?

Arriola: Sure! And back then it was the same crimes he is alleging, misappropriation of government funds. It’s the only crimes he can think of. Any government officials who signs a check or documents, you are guilty of misappropriation of government funds because you spent money on this manager. That is what he is saying. You stole money and gave it to this manager temporarily. There is no crime there. So for all his pontifications that he is tough on crime and this administration better watch out. Well, this AG better watch out because people’s lives are at stake and if we have to rely on the courts to strike his indictments and sanction him for not doing his job then that’s what we will have to do. That’s what the defense ends up doing. We did that 20 years ago and that’s what the defense bar will do once again. When it comes to this type of prosecution, political prosecution, let’s make no doubt about it, people have higher aspirations. That is what this is about and we will see it for the next three or four years. So here we go and we look forward to the justice system rendering real justice.

KUAM also reached out to the attorney general for comment. There has been no response as of news time Wednesday.