SAIPAN — The Office of the Attorney General has asked the Superior Court to invalidate the global civil settlement agreement that led to the dismissal of the criminal cases against former Governor Ralph Anthony Deleon Guerrero Torres.
In a motion filed May 29, Assistant Attorney General Olga Kelley argued that the March 23, 2026 settlement should be voided on two grounds. The motion contends that Assistant Attorney General David Karch’s decision to give Torres immunity from civil or criminal prosecution was beyond his authority, and that shielding Torres from prosecution was against the public interest.
According to the motion, the court dismissed both cases on March 23 under a stipulation and the global civil settlement agreement. Under that agreement, the filing states, Torres agreed to pay $23,745, described as the difference between premium and economy airfares, in exchange for dismissal of all charges in the two cases. The motion says the agreement also included a promise not to prosecute Torres for any criminal or civil charge arising from his service in government through January 9, 2023.
The two criminal cases, filed in 2022 and 2023, charged Torres with counts including misconduct in public office, theft and contempt. The 2022 case centered on allegations that Torres, while governor, used public funds for business class or first class airline travel for himself and another person on multiple occasions.
The motion argues that Karch, described in the filing as a junior prosecutor with less than three years of experience whose work was mostly traffic cases, lacked the authority to dismiss the cases or grant immunity. In a sworn declaration, Kelley stated that Karch did not consult her or obtain her approval before agreeing to the immunity, did not request a court order granting immunity, and that the court did not issue any such order.
The OAG asked the court to invalidate only the portion of the agreement that provides Torres immunity from prosecution, but said it is prepared to litigate the cases and proceed to trial if the court voids the agreement in its entirety and reopens the cases.
The motion notes that while the Commonwealth believes Karch’s actions amounted to professional misconduct, it is not asking the court to make that determination.
