Judge Denies Motion to Dismiss G-RAP Fraud Case

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Opening statements were heard to day in District Court.

Guam – Lt. Col. Franklin Babauta’s attorney, David Lujan, continues to press for dismissal of the guard recruitment case against his client. However, District Court Judge Frances Tydingco-Gatewood today denied a motion to dismiss the case.

Babauta’s trial started last week. Babauta and co-defendant, former Guam Homeland Security Advisor Ambrosio Constantino were accused in Guard Recruitment Assistance Program or G-RAP fraud. Constantino was found guilty earlier this month.

Lujan, in court papers, reiterates that even the prosecution has acknowledged that Constantino was the recruiter, not Babauta; that there was no legal conspiracy; and that Constantino alone was the person who committed the crime when Constantino illegally claimed a G-RAP bonus of $2,000 for Babauta’s son.

But Judge Gatewood agreed that Lujan’s argument was not sufficient enough to dismiss the case.

Opening statements were held today.