The latest from Guam and Hansen.
https://www.postguam.com/news/local/...e04306bb6.htmlChief pilot's case separated from helicopter company's trial
The case against Kenneth Crowe, chief pilot at Hansen Helicopters Inc., has been separated from his co-defendants' in an ongoing federal fraud trial involving the company and its officials.
District Court of Guam Chief Judge Frances Tydingco-Gatewood made the decision Monday morning as she weighed concerns from Crowe's lawyer, David Lujan, and proceeding with the other defendants' case without delay.
The remaining defendants for the trial include John Walker, the primary owner of Hansen; Phillip Kapp, director of maintenance at Hansen; and the company itself.
The defendants stand accused of circumventing U.S. aviation safety regulations to maximize profits.
Lawyers spent a couple of hours Monday discussing an issue in the judge's chambers. That discussion had been sealed by Tydingco-Gatewood, but after the parties emerged, Lujan stated he believed the discussion should be disclosed, as it is a public trial and the topic discussed was already "in the public domain."
He also believed that he needed a day to research ethical duties to his client and that Crowe also needed a couple of days to find a lawyer for the matter discussed.
Talk of potential delay drew opposition from the prosecution. Assistant U.S. Attorney Marie Miller stated that prior delays had been caused by Lujan and for this most recent issue, argued that there was no basis for further delay. According to Miller, the trial is costing the federal government $130,000 per day.
The prosecution also objected to disclosing the discussion in the judge's chamber to the public.
"Mr. Lujan continues to bring things to the public domain that do not belong there because those things could negatively influence a fair trial ... They will not get a fair trial if we keep having shenanigans put into the public record because that increases the risk of there being some impropriety with the jury," Miller said.
The matter discussed in the chief judge's chamber involved information the prosecution received on Saturday. Lujan argued that the prosecution waited until Monday morning to discuss the issue and that it was a "serious matter" that he needed to address so that he can ensure he was the right lawyer for Crowe.
Miller stated they submitted an email to defense counsels indicating they would seek an audience with the judge Monday morning, and it was an issue they didn't want to place into email communications at the time.
"The FBI was still conducting its investigation. It had asked us and had asked everyone to just stand down and wait, other than of course letting your honor know," Miller said.
Tydingco-Gatewood stated that the court must avoid prejudice to the other defendants based on delay.
Tydingco-Gatewood stated she was inclined to sever Crowe before ultimately making that decision late Monday morning.
The trial was recessed for the rest of the day and is expected to resume this morning.
Charges against the defendants include multiple counts of conspiracy to defraud the Federal Aviation Administration and National Transportation Safety Board.
Hansen operated aerial tours and tuna-spotting services for international fishing operations and provided charter services for federal agencies to locations in the Commonwealth of the Northern Mariana Islands otherwise inaccessible by air.