Attorney David Lujan filed the motion to dismiss today as his client’s G-RAP trial begins.
Guam – Trial is now underway for National Guard member Lt. Col. Franklin Babauta, who’s been accused of guard recruitment fraud.
Meanwhile, his attorney, David Lujan, wants the case dismissed, arguing that the prosecution, by their own admission, said that Babauta’s co-defendant, former Homeland Security Advisor Ambrosio Constantino, is solely responsible for the crime.
Lujan filed the motion to dismiss today, citing a statement the prosecution made during Constantino’s trial last month. Constantino and Babauta are being tried separately for the same case.
Constantino was found guilty earlier this month. Lujan says that during a hearing for Constantino, the prosecution stated that Constantino committed the G-RAP theft and acknowledged that Constantino is the principal.
Lujan then quotes the judge as saying “Right, so now they are saying everything is on him [Constantino].”
Because of this, Lujan says Judge Frances Tydingco-Gatewood withdrew the aiding and abetting clause from jury instruction.
Lujan says this proves that his client, Franklin Babauta is innocent since the prosecution never responded to the judge’s statement.
Lujan says “the government has asserted and/or acknowledged that Constantino committed the offenses.”