In Ayuyu's motion to dismiss the cell phone case, lawyer David J. Lujan said the senator's own statement was used to punish him for the exact act that he is now charged with-possession of a cell phone while in detention.
As this developed, the U.S. government filed Thursday a motion to amend the indictment and dismiss count three in the fruit bat case and a motion to compel Ayuyu to submit a set of major case prints (including fingerprints and palm prints) to law enforcement.
Lujan also filed three other motions.
One motion asked the U.S. District Court for the NMI to issue an order separating the trial for the fruit bat case and the obstruction of justice case filed against Ayuyu.
The two other motions are to disqualify assistant U.S. attorney Garth Backe, who is handling the three cases, and to allow use of jury questionnaire.
The senator is facing three criminal charges: the fruit bat case, obstruction of justice case, and the cell phone use.