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01/29/25 - Former Building Optimism, Opportunities, and Stability Program contractor Shayne Villanueva was found not guilty of contempt of the Legislature by CNMI Superior Court Judge Kenneth Govendo after a two-day bench trial.
“[I feel] relieved…I really would just like to thank my family, my friends that have been there. I would like to thank the court also for upholding this ruling,” Villanueva told Marianas Press as he left the courthouse Wednesday afternoon.
“We appreciate the court’s verdict. We appreciate the court upholding the Fifth Amendment right and its strength. We believe that’s the right decision,” Villanueva’s attorney Jack Torres told Marianas Press. Villanueva was also represented by attorneys Victorino Torres and Keith Chambers.
The case originated in March 2024 after the CNMI House of Representatives held Villanueva in contempt for invoking the Fifth Amendment in response to four of their questions about his background amid a legislative probe into the federally funded BOOST program. Villanueva was involved in the BOOST Fisher, Farmer, and Ranchers program.
Chief solicitor Robby Glass Jr. prosecuted the case and argued in his closing statement that none of the questions asked by the legislators were self-incriminating. Glass attempted to ask those same questions when Villanueva took the stand on Wednesday. However, Govendo did not allow it after defense attorneys argued that the Fifth Amendment still protects Villanueva from having to answer it.
Attorney Victorino Torres delivered the defense’s closing argument. “Invoking the Fifth Amendment is not an admission of guilt and nor should it ever be interpreted as such,” Victorino Torres said. He added that remaining silent is not in defiance of the law, but an affirmation of the constitution. The defense also argued that since the Legislature did not have authority over the federal American Rescue Plan Act funds, they also do not have the authority to investigate it.
Both parties agreed that the outcome of the case would set a major precedent about individual rights and checks and balances in government.
Govendo also had a mouthful to say at the end of the trial. The judge said it was the first time a Fifth Amendment case made it to his bench in his 22 years of service.
Govendo warned Villanueva that, logically, he might be called back to the Legislature to answer questions and should be “more forthcoming” because a new trial might not end with the same verdict.
In a shocking conclusion, Govendo also reprimanded special prosecutor and assistant attorney general James Kingman, who originally prosecuted the case and leads the anti-corruption task force. Kingman was also a witness in Villanueva’s trial.
Govendo said, “Mr. Kingman is a liability to this government…He is arrogant, he thinks he is omnipotent, and maybe it is time for him to head back to Texas.”
Govendo seemingly referenced Kingman’s Monday testimony which at times became tense with lawyers talking over each other as Kingman also interjected questions, objections, and arguments.
In response to Marianas Press’ request for comment, Kingman said, “I am unable to comment at this time due to my pending litigation regarding Judge Govendo’s sanctions in this case.”
It remains to be seen how the CNMI House of Representatives will move forward with their year-long BOOST investigation.
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Story by Thomas Manglona II
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