FILED 1 SUPP};%§AC£URT 2 zmaf H 3: 16 3 CLERK OF ¢0uR1 4 By* 5
8 IN THE SUPERIOR COURT OF GUAM
10 PEOPLE OF GUAM, CRIMINAL CASE NO.: CF0531-17
11 vs. 12 FRANK ANTHONY BABAUTA, 13 DOB: 08/16/1970 14 DEFENDANT. 15 DECISION AND ORDER 16 INAS GERALD RIVERA TAINAONGO, (Defendant Frank Anthony Babita's DOB: 02/03/1968 17 Ex Parte Motion to Reconsider Pretrial Release Conditions) 18 DEFENDANT.
19 PETER MONO SANTIAGO (aka Patrick), 20 DOB: 03/17/1961
21 DEFENDANT. 22
23 MICHELLE TAINATONGO SANTIAGO, ORIGINAL 07/15/1966 24 DEFENDANT. 25
Page 1 of 5 CF0531-17 People of Guam v. Frank Anthony Babauta Er al. ,S" DECISION AND ORDER (re Defendant Frank Anthony Babita's Ex Pane Motion to Reconsider Pretrial Release Conditions) 1 INTRODUCTION 2 This matter came before the Honorable Anita A. Sukola on January 17, 2018 on Frank 3 Anthony Baubata's ("Defendant") Ex Parte Motion to Reconsider Pretrial Release Violations. 4 Defendant appeared with counsel, Attorney Joaquin C. Arriola, Jr., Esq. Upon review of the 5 written and oral arguments and legal authorities, the Court DENIED Defendant's request in open 6 court and on the record. The Court hereby issues the instant Decision and Order confirming the 7 oral order made in open court and on the record. 8 BACK GROUND 9 Defendant wa.s arrested on September 15, 2017 for allegedly committing one (1) count of 10 Illegal Possession with Intent to Deliver a Schedule II Controlled Substance and one count of 11 Possession of a Schedule II Controlled Substance. Magistrate's Con pl. 3 (Sep. 16, 2017). Bail was 12 set at $5,000 and Defendant was ordered to appear on October 6, 2017. Order of Conditional 13 Release and Appearance Bond. There were several conditions of Defendant's release, including his 14 agreement to report to the Probation Office at scheduled times and to refrain from leaving Guam 15 without permission of the Court. Q Defendant was released at this time pursuant to posting an 16 unsecured bond of $5,000. Superior Court Minute Entry (Sep. 16, 2017). On October 6, 2017, a 17 Superior Court of Guam Grand Jury returned an Indictment against the Defendant. 18 On October 31, 2017, Probation filed the First Violation Report against Defendant, citing 19 Defendant's failure to report three times per week to the Probation Office. First Violation Report 20 (Oct. 31, 2017). Defendant had failed to report on October 16, 18, 20, 23, 25, 27, and 30. Q 21 Defendant was arraigned in the Superior Court of Guam on November 8, 2017. At that time he 22 pleaded not guilty and asserted his right to a speedy triad. Superior Court Minute Entry (Nov. 8, 23 2017). Probation filed a Second Violation Report against Defendant on January 9, 2018. Second 24 Violation Report (Jan. 9, 2018). Defendant had once again failed to report to the Probation Office 25 three times per week, this time during the months of December and early January. Q 26 Defendant appeared before the Court on January ll, 2018, at which time he notified the 27 Court that he had been unable to check in with the Probation Office due to his being in the 28
CF0531-17People ofGuam v.FrankAnthonyBabauta etal. Page2of S DECISION AND ORDER (re Defendant Frank Anthony Babauta's Ex Parte Motion to ReconsiderPretrial Release Conditions) 1 Philippines, where his wife was receiving medical treatment. Superior Court Minute Entry (Jan.
2 11, 2018). The Court entered a Commitment Order, ordering Defendant to be held at the
3 Department of Corrections in Mangilao for 39 days, scheduled to be automatically released on
4 February 18, 2018. Commitment Order (Jan. 11, 2018). On January 17, 2018, Defendant tiled his
5 ex parte Motion to Reconsider Pretrial Release Violations.
6 DISCUSSION
7 Defendant seeks release on his personal recognizance, arguing that a release with the
8 imposition of conditions is justified. Def.'s Mot. to Reconsider Pretrial Release Violations 1-2.
9 Defendant claims that "Defendant's wife remains at home with no one to care for her, as she
10 attempts to head from her surgery. Defendant has been employed full time, and risks losing his job
11 by virtue of his incarceration." Id. at 1.
12 Section 40.50 provides that "[a] person for whom conditions of release are imposed ... and
13 who after twenty-four (24) hours from the time of release hearing continues to be detained as a
14 result of his inability to meet the conditions of release, shall, upon application, be entitled to have
15 the conditions reviewed by the Court." 8 GCA § 40.50(a) (2015). Defendant has noted that he
16 was unable to meet the conditions of release because he was off-island with his wife while she
17 . received medical treatment. Defendant has also noted that his wife is currently recovering from
18 a surgery. The Court will therefore consider whether Defendant should be released on his personal
19 s recognizance.
20 Under Guam law, "every person charged with an offense shall be ordered released pending
21 trial in the manner and subject to the conditions set forth in §§40.15 and 40.20." 8 GCA § 40.10.
22 Furthermore, a Defendant is to be released on his or her personal recognizance based on the
23 following provisions:
24 (a) As used in this Section, 'release on own recognizance' means release of the person charged without bail and upon his written agreement to appear in court at all required times 25 and places and to fully comply with any other Court-ordered conditions and restrictions. 26 (b) The judge shall order the person charged to be released on recognizance, unless the 27 judge determines, in his discretion, on the basis of available information, that such a release
CF0531-17 People of Guam v. Frank Anthony Babauta et al. Page 3 of 5 DECISION AND ORDER (re Defendant Frank Anthony Babita's Ex Parte Motion to Reconsider Pretrial Release Conditions) 1 will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community. 2
3 (c) In determining whether there is a substantial risk of nonappearance by the person charged or that the person charged will endanger the safety of any other person or the 4 community, the judge shall consider the following factors:
5 (1) the nature of the offense charged, the apparent possibility of conviction and the likely sentence, 6
7 (2) the history and characteristics of the person charged, including:
8 (i) length of his/her residence on Guam, (ii) his/her employment status and history, and financial condition, 9 (iii) his/her family ties and relationships; 10 (iv) his/her reputation, character and mental and physical condition, (v) his/her prior criminal record; if any, including any record of prior release 11 on recognizance or on bail, (vi) his/her history relating to drug or alcohol abuse; 12 (vii) the identity of the reasonable members of the community who will 13 vouch for his/her reliability; (viii) whether, at the time of the current offense or arrest, he/she was on 14 probation, or parole or on other release pending trial, sentencing, appeal or completion of sentence of an offense under Federal, state or local law, and 15 (ix) his/her history of compliance with other Court orders, 16 (3) the nature and seriousness of the danger the person would pose to the 17 community or to any individual thereof if released; and
18 (4) any other factors which bear on the risk of willful failure to appear or the danger the person would pose to the community or to any individual member thereof if 19 released. 20
21 8 GCA §40.15.
22 Defendant was released pending trial, but did not meet the conditions of his release and
23 was therefore re-incarcerated.
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FILED 1 SUPP};%§AC£URT 2 zmaf H 3: 16 3 CLERK OF ¢0uR1 4 By* 5
8 IN THE SUPERIOR COURT OF GUAM
10 PEOPLE OF GUAM, CRIMINAL CASE NO.: CF0531-17
11 vs. 12 FRANK ANTHONY BABAUTA, 13 DOB: 08/16/1970 14 DEFENDANT. 15 DECISION AND ORDER 16 INAS GERALD RIVERA TAINAONGO, (Defendant Frank Anthony Babita's DOB: 02/03/1968 17 Ex Parte Motion to Reconsider Pretrial Release Conditions) 18 DEFENDANT.
19 PETER MONO SANTIAGO (aka Patrick), 20 DOB: 03/17/1961
21 DEFENDANT. 22
23 MICHELLE TAINATONGO SANTIAGO, ORIGINAL 07/15/1966 24 DEFENDANT. 25
Page 1 of 5 CF0531-17 People of Guam v. Frank Anthony Babauta Er al. ,S" DECISION AND ORDER (re Defendant Frank Anthony Babita's Ex Pane Motion to Reconsider Pretrial Release Conditions) 1 INTRODUCTION 2 This matter came before the Honorable Anita A. Sukola on January 17, 2018 on Frank 3 Anthony Baubata's ("Defendant") Ex Parte Motion to Reconsider Pretrial Release Violations. 4 Defendant appeared with counsel, Attorney Joaquin C. Arriola, Jr., Esq. Upon review of the 5 written and oral arguments and legal authorities, the Court DENIED Defendant's request in open 6 court and on the record. The Court hereby issues the instant Decision and Order confirming the 7 oral order made in open court and on the record. 8 BACK GROUND 9 Defendant wa.s arrested on September 15, 2017 for allegedly committing one (1) count of 10 Illegal Possession with Intent to Deliver a Schedule II Controlled Substance and one count of 11 Possession of a Schedule II Controlled Substance. Magistrate's Con pl. 3 (Sep. 16, 2017). Bail was 12 set at $5,000 and Defendant was ordered to appear on October 6, 2017. Order of Conditional 13 Release and Appearance Bond. There were several conditions of Defendant's release, including his 14 agreement to report to the Probation Office at scheduled times and to refrain from leaving Guam 15 without permission of the Court. Q Defendant was released at this time pursuant to posting an 16 unsecured bond of $5,000. Superior Court Minute Entry (Sep. 16, 2017). On October 6, 2017, a 17 Superior Court of Guam Grand Jury returned an Indictment against the Defendant. 18 On October 31, 2017, Probation filed the First Violation Report against Defendant, citing 19 Defendant's failure to report three times per week to the Probation Office. First Violation Report 20 (Oct. 31, 2017). Defendant had failed to report on October 16, 18, 20, 23, 25, 27, and 30. Q 21 Defendant was arraigned in the Superior Court of Guam on November 8, 2017. At that time he 22 pleaded not guilty and asserted his right to a speedy triad. Superior Court Minute Entry (Nov. 8, 23 2017). Probation filed a Second Violation Report against Defendant on January 9, 2018. Second 24 Violation Report (Jan. 9, 2018). Defendant had once again failed to report to the Probation Office 25 three times per week, this time during the months of December and early January. Q 26 Defendant appeared before the Court on January ll, 2018, at which time he notified the 27 Court that he had been unable to check in with the Probation Office due to his being in the 28
CF0531-17People ofGuam v.FrankAnthonyBabauta etal. Page2of S DECISION AND ORDER (re Defendant Frank Anthony Babauta's Ex Parte Motion to ReconsiderPretrial Release Conditions) 1 Philippines, where his wife was receiving medical treatment. Superior Court Minute Entry (Jan.
2 11, 2018). The Court entered a Commitment Order, ordering Defendant to be held at the
3 Department of Corrections in Mangilao for 39 days, scheduled to be automatically released on
4 February 18, 2018. Commitment Order (Jan. 11, 2018). On January 17, 2018, Defendant tiled his
5 ex parte Motion to Reconsider Pretrial Release Violations.
6 DISCUSSION
7 Defendant seeks release on his personal recognizance, arguing that a release with the
8 imposition of conditions is justified. Def.'s Mot. to Reconsider Pretrial Release Violations 1-2.
9 Defendant claims that "Defendant's wife remains at home with no one to care for her, as she
10 attempts to head from her surgery. Defendant has been employed full time, and risks losing his job
11 by virtue of his incarceration." Id. at 1.
12 Section 40.50 provides that "[a] person for whom conditions of release are imposed ... and
13 who after twenty-four (24) hours from the time of release hearing continues to be detained as a
14 result of his inability to meet the conditions of release, shall, upon application, be entitled to have
15 the conditions reviewed by the Court." 8 GCA § 40.50(a) (2015). Defendant has noted that he
16 was unable to meet the conditions of release because he was off-island with his wife while she
17 . received medical treatment. Defendant has also noted that his wife is currently recovering from
18 a surgery. The Court will therefore consider whether Defendant should be released on his personal
19 s recognizance.
20 Under Guam law, "every person charged with an offense shall be ordered released pending
21 trial in the manner and subject to the conditions set forth in §§40.15 and 40.20." 8 GCA § 40.10.
22 Furthermore, a Defendant is to be released on his or her personal recognizance based on the
23 following provisions:
24 (a) As used in this Section, 'release on own recognizance' means release of the person charged without bail and upon his written agreement to appear in court at all required times 25 and places and to fully comply with any other Court-ordered conditions and restrictions. 26 (b) The judge shall order the person charged to be released on recognizance, unless the 27 judge determines, in his discretion, on the basis of available information, that such a release
CF0531-17 People of Guam v. Frank Anthony Babauta et al. Page 3 of 5 DECISION AND ORDER (re Defendant Frank Anthony Babita's Ex Parte Motion to Reconsider Pretrial Release Conditions) 1 will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community. 2
3 (c) In determining whether there is a substantial risk of nonappearance by the person charged or that the person charged will endanger the safety of any other person or the 4 community, the judge shall consider the following factors:
5 (1) the nature of the offense charged, the apparent possibility of conviction and the likely sentence, 6
7 (2) the history and characteristics of the person charged, including:
8 (i) length of his/her residence on Guam, (ii) his/her employment status and history, and financial condition, 9 (iii) his/her family ties and relationships; 10 (iv) his/her reputation, character and mental and physical condition, (v) his/her prior criminal record; if any, including any record of prior release 11 on recognizance or on bail, (vi) his/her history relating to drug or alcohol abuse; 12 (vii) the identity of the reasonable members of the community who will 13 vouch for his/her reliability; (viii) whether, at the time of the current offense or arrest, he/she was on 14 probation, or parole or on other release pending trial, sentencing, appeal or completion of sentence of an offense under Federal, state or local law, and 15 (ix) his/her history of compliance with other Court orders, 16 (3) the nature and seriousness of the danger the person would pose to the 17 community or to any individual thereof if released; and
18 (4) any other factors which bear on the risk of willful failure to appear or the danger the person would pose to the community or to any individual member thereof if 19 released. 20
21 8 GCA §40.15.
22 Defendant was released pending trial, but did not meet the conditions of his release and
23 was therefore re-incarcerated. In leaving the island, Defendant showed a disregard for the authority
24 of the Court and has created doubt as to his future willingness and ability to appear at scheduled
25 times. Defendant claims that he needs to remain at home with his wife as she recovers from 26 shoulder surgery. The record does not support Defendant's contention that Ms. Babauta is in need
CF0531-17 People of Guam v. Frank Anthony Babauta Er al. Page 4 of 5 DECISION AND ORDER (re Defendant Frank Anthony Babauta's Ex Pane Motion to Reconsider Prem'ad Release Conditions) »
1 of a caretaker as she recovers from her surgery. The Court also notes that this was an elective
2 surgery.
3 In consideration of the factors set forth in the abovementioned statute, and based on the
4 arguments presented, the Court DENIES Defendant's Motion for release on personal
5 recognizance. The Court takes into account Defendant's failures to obey the conditions of his prior
6 release. Given Defendant's past transgressions and his betrayal of the Court's trust, the Court finds
7 that his release is not appropriate at the present time. Accordingly, the Court DENIES Defendant's
8 Motion.
9 CONCLUSION
10 By preponderance of the evidence and based on the foregoing reasons, the Court DENIES
11 Defendant's Motion to Reconsider Pretrial Release Violations.
12 This matter is set for further proceedings on February 7, 2018 at 9:00 a.m.
15 SO ORDERED Z Z /Y 16
17 Z The Honorable Anita A. Sukola 18 Judge, Superior Court of Guam 19
20 SERVICE vIA COURT Box 21 acknowledge that a copy of the original hereto was placed in the camih¢l1.9¢ 22
23 rsamg m m 24 fiofCourld'Guam 25
CF0531-17 People of Guam v. Frank Anthony Babauta et al. Page S of S DECISION AND ORDER (re Defendant Frank Anthony BabauLa's Ex Parle Motion to Reconsider Pretrial Release Conditions)