Attorney David Lujan questioned the verification process that Docupak created for recruiter assistants when signing up a nominee on their website.
Guam – The G-RAP trial for former Guard Member Lt. Col. Franklin Babauta continued today in District Court where his attorney, David Lujan, poked holes at the company that monitored the recruitment of soldiers into the National Guard.
Lt. Col. Franklin Babauta is facing charges of theft when he and co-defendant former Homeland Security Advisor Ambrosio Constantino allegedly defrauded the federal government out of $2,000 in guard recruitment bonuses.
Constantino, who was found guilty earlier this month on the same charges, was the recruiter assistant who signed on Babauta’s son into the National Guard.
The defense has maintained that Constantino processed the recruitment of Babauta’s son because Babauta was not eligible at the time. But they also maintain that there was nothing fraudulent about the recruitment of Babauta’s son.
On the stand today was Deputy Program Manager for Docupak Bill Stewart. Docupak was the federal contractor that managed the Guard Recruitment Assistant Program and verified whether recruiter assistants were truthfully recruiting soldiers into the guard.
Lujan interrogated Stewart about the verification process for recruiter assistants, noting that the questionnaire allowed for Recruiter assistants to answer “other” for questions like “How did you meet the nominee or potential officer/soldier?”
When Lujan asked Stewart, who authored the questionnaire for Docupak, for his interpretation of the word “other,” Stewart acknowledged that the answer meant that the recruiter’s answer did not meet the other criteria listed in the drop down list.
“There is no wrong answer,” Stewart said on the stand.
But this appeared to contradict some of the rules and requirements set out by Docupak, such as the responsibilities section which states, in part, “If the recruiter assistant fails to answer any of these questions, the nomination will not be accepted and will not be saved into the recruiter assistants account.”
Although there was no further verifying of what the answer “other” meant, Stewart said that because Constantino made a selection that was available from the drop down list, that meant the answer was satisfactory.
The prosecution is still presenting its case in chief. Trial continues next Monday at 8:30 am in the District Court of Guam.