Former DPHSS director San Agustin, DEH administrator Nadeau cleared of corruption charges

Former Department of Public Health and Social Services Director Arthur San Agustin and current Division of Environmental Health Administrator Tom Nadeau can finally put their court case behind them, for good.

Superior Court Judge John C. Terlaje on Friday issued an order dismissing both of their cases with prejudice, and vacating any release conditions that accompanied their felony charges.

Dismissal with prejudice means that the alleged government corruption charges filed against San Agustin and Nadeau may never be brought again.

"Art San Agustin is a man of faith and humble character who has been a public servant helping our island's most vulnerable members of society through his work at Public Health for decades," said attorney Jay Arriola, who represented San Agustin.

Arriola said San Agustin "was not guilty of any crimes other than the Attorney General's Office's malpractice in this case."

"It never should have been brought and orchestrated by Doug Moylan for his personal political aggrandizement. The Rules of Professional Conduct apply to him and his office," Arriola said. "When you violate the rules, cases are dismissed with prejudice."

The AG's office alleged that San Agustin and Nadeau wrongfully issued sanitary permits to public schools that never got a health inspection.

The case was brought amidst controversy over poor sanitary conditions at local schools that went years without being inspected. School compliance with Public Health sanitary rules was deferred until this summer.

San Agustin, who has since resigned from the position, was originally charged with five counts of tampering with public records as a second-degree felony and one count each of obstructing government functions and official misconduct, both as misdemeanors.

Nadeau was charged with obstructing government functions and official misconduct.

In the 15 months of hearings and motions since indictments were handed down against the pair of government officials, very little has dealt with the actual charges.

Instead, the case sprouted a temporary seal as attorneys subpoenaed witnesses with sensitive testimonies, as well as an initial motion to disqualify the AG's office for lack of a conflict wall, alleging ethical misconduct.

Terlaje granted the motion, then reaffirmed it in answer to the AG's motion for reconsideration.

Accompanying the initial disqualification was an order from Terlaje that within 30 days, the AG's office was to appoint a special prosecutor, shielded from the AG's purview, in order to continue prosecution, or "the matter will be dismissed in its entirety."

The 30-day deadline came and went, a special prosecutor was never appointed, wrote Terlaje.

"Therefore, based on the People's failure to adhere to the aforementioned order, the Court dismisses this case with prejudice," Terlaje wrote in his order.