A federal trial for defendants accused of conspiracy to commit fraud has been delayed one week.
As the first week of trial for Michael Marasigan, Jose Arthur "Art" Chan and Christine Chan came to a close on Friday in the District Court of Guam, Chief Judge Frances Tydingco-Gatewood granted a motion by defense counsel for the trial not to move forward next week.
Marasigan and the Chans face charges of conspiracy to operate an illegal gambling business, conspiracy to commit wire fraud and dozens of counts of money laundering, which stem from the defendants allegedly operating an illegal gambling business for six years under the guise of charity - specifically, bingo games sponsored by the Guam Shrine Club under Hafa Adai Bingo's nonprofit status and gaming permits.
During the past week, jurors heard opening statements from attorneys and began listening to witness testimony. But on Thursday, Marasigan's defense counsel Michael Phillips requested a continuance in trial on behalf of his co-counsel David Lujan, who has had serious knee pain which has limited his movement and warrants a visit to the doctor.
Phillips further wrote in his motion that although he has spent most of the time in court representing Marasigan, Phillips is assisting Lujan, who remains Marasigan's preferred counsel, so continuing the trial without Lujan would be a violation of Marasigan's constitutional rights.
Joseph Razzano and William Gavras, counsel for Christine Chan and Jose Chan, respectively, also wrote briefs supporting the continuance.
In response, Assistant United States Attorney Marivic David opposed a continuance, citing that Phillips has been Marasigan's counsel of record since Marasigan's arrest, and Phillips is prepared for the trial "which has already begun."
David added, "The efficient administration of justice warrants that the trial should proceed, and the Court deny the continuance."
On Friday, parties appeared before Tydingco-Gatewood and most of the morning was spent discussing the schedule.
By noon, Tydingco-Gatewood had allowed the trial to be paused for a week and instructed jurors to return on April 1. She explained trial days will start at 8 a.m. and end at 7 p.m.
Trial
Federal prosecutors allege Marasigan, Jose Chan and Christine Chan conducted bingo games intended to help local children with transportation to Shriners Hospital for Children in Hawaii for medical care. However, the trio did not give a single dollar out of $34 million to the Shriners Hospital.
The defense in response argues the bingo games were conducted legally after receiving permits from the Department of Revenue and Taxation and the money had gone to the Shriners while some of it was spent to continue bingo operations.
In the first week of trial, the U.S. Attorney's Office called several witnesses including employees of DRT, banks and the Aloha Shriners in the "intensive financial records case."
Marasigan and the Chans also were initially charged alongside former Guam Shrine Club President Alfredo Leon Guerrero, Minda San Nicolas and Juanita Capulong, who have since pleaded guilty and have yet to testify in the trial.
Following the Friday hearing, The Guam Daily Post inquired with Phillips about his thoughts on the trial so far.
"Very good, very positive. Witnesses have been very favorable, and we'll see," Phillips said.