People v. Aiken

Opinion

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Fl L ED SUPERIOR COURT

1 oF@uA1w1

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2U22 AUB 17 PH ll: 30

3I CLERKOFCOURT

4\ BYI. 'RED

5 IN THE SUPERIOR COURT OF GUAM 6 7 PEOPLE OF GUAM, Criminal Case No. CF0005-21 GPD Report No. 20-21330

8 .I v. I DECISION AND ORDER

9 MAIRON AIKEN, GRANTING THE PEOPLE'S MOTION 10 DOB: 05/04/1990 TO SEAL DEFENDANT'S SENTENCING MEMORANDUM

11 Defendant.

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13 I INTRODUCTION 14 1 This matter came before the Honorable Alberto C. Larnorena, III on August 11, 2022 for

15 shearing on the People of Guam's ("the People's") Motion to Seal Defendant's Sentencing

16 Memorandum ("Motion"). Assistant Attorney General Daphnis Le represents the People, and

17 Assistant Public Defender Jocelyn Rodeo represents Maison Aiken ("Defendant"). Having duly

18 considered the parties' briefs, oral arguments, and the applicable law, the Court now issues the

19 following Decision and Order and ORANTS the People's Motion.

20 B_ACKGROUNl] . 21 On April 27, 2022, Defendant pled guilty to charges of Second Degree Criminal Sexual

22 Conduct (as a IS( Degree Felony) and Third Degree Criminal Sexual Conduct (as a 2nd Degree

23 Felony). See Minute Entry (Apr. 27, 2022).. Defendant admitted to sexually penetrating and i

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24 touching the primary genital area of J.A. (DOB: 05,*'2l»*'2006) ("Victim") when Victim was between I

25 the ages of 14 and 16 years old. See Plea Agreement (Apr. 12, 2022). Sentencing is set for

26 October 12, 2022, with the Parties free to argue for a range of incarceration between 5 and 15 years.

2'7 Id.

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E Decision and Order Granting the People's Motion to Seal Defendant's Sentencing Memorandum Q CF0005-21,People of Guam v. Mrlllron Aiken Page 1 of 2 |" I .*

1 The Parties each submitted Sentencing Memorandums arguing what they believe the

2 appropriate incarceration period should be. See People's Sentencing Memorandum (Jul. 5, 2022),

3 | Defendant's Sentencing Memorandum (Jul. '7, 2022). The Defendant's Sentencing Memorandum

4 I explicitly lists the Victim's full name, names of the Victim's family members, and the Victim's

5 relationship with Defendant. See Defendant's Sentencing Memorandum (Jul. T, 2022) .

6 On July 12, 2022, the People filed their Motion to Seal Defendant's Sentencing

7 I Memorandum. The People requested Defendant's Sentencing Memorandum be sealed to prevent

8 public disclosure of the Victim's name identity. See Motion at l (Jul. 12, 2022).

9 ' The Court held a hearing on August 11, 2022. After hearing the arguments of the parties, the

10 Court took the matter under advisement.

11 . p;§cUssIon._ 12 . Child victims of sexual assault, who are under the age of 18, have a right not to have their

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13 name, address, location, or photographs disclosed to the public or press at any court proceeding

14 involved in the prosecution of the sexual assault. See Koenig v. City of Des Moines, 123

15 Wash.App. 285, 293-294 (2004). The relationship between the child and the alleged perpetrator is

16 also kept sealed if the child victim is a relative or stepchild of the alleged perpetrator. at 294.

17 Defendant's Sentencing Memorandum explicitly lists the Victim's full name, as well as other

18 | identifying information such as the Victim's mother's name and the Victim's relationship with

19 Defendant. Sealing the Defendant's Sentencing Memorandum is therefore necessary to protect the

20 ; Victim's privacy.

21 CONCLUSION

22 For the reasons stated above, the Court GRANTS the People's Motion. Defendant's

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23 i Sentencing Memorandum is to be sealed to protect the Victim's privacy.

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r\:_L§LQnn1;nm:;~l5;D this Aug us t 1 7 022

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28 HONORABLE ALBERT() C. LAMORENA, III Presiding Judge, Superior»Court of Guam Decision and Order Granting the People's Motion to Seal Defendant's Sentencing Memorandum CF0005-21, People of Guam v. Matron Aiken Page 2 off