The Office of the Attorney General is moving to overturn the global civil settlement that led to the dismissal of all criminal charges against former Gov. Ralph Anthony Deleon Guerrero Torres, arguing that the agreement was unauthorized and contrary to public interest.
In a motion filed May 29, Assistant Attorney General Olga Kelley asked the Superior Court to invalidate the March 23 settlement, asserting that Assistant Attorney General David Karch—the prosecutor who signed the deal—lacked the authority to grant Torres broad immunity from any civil or criminal liability tied to his time in office. Kelley said Karch acted beyond his legal powers and without supervisory approval.
Kelley wrote that Karch, hired in 2023 and handling “mostly traffic cases,” had never conducted a trial and was not authorized to dismiss the case in exchange for a $23,745 payment, which represented the difference between premium and economy airfare. She also argued that Karch’s promise not to pursue any future charges under any statute involving misuse of government funds violated public policy.
The challenged settlement was the basis for Superior Court Judge Pro Tempore Arthur Barcinas’ order dismissing with prejudice all charges, including misconduct in public office, theft of government funds, and contempt of the legislature. The agreement stated that it resolved all allegations and did not constitute an admission of wrongdoing.
Kelley’s motion revives a case that has been shaped by years of litigation over prosecutorial conflicts. In 2025, the NMI Supreme Court ruled that while two individual prosecutors were properly disqualified, the entire OAG could not be removed, reaffirming the attorney general’s constitutional authority to oversee prosecutions or appoint a special prosecutor.
The Superior Court has not yet set a hearing on Kelley’s motion.
