People v. Beck

Opinion

Fl f; D

SUFEREOR COURT

OF l.li.,!M-..I

I 2H23 DEC fs-)pet 9: 23

2 CLERK 'COURT

3

18*.-"I • "¢\! _

4

5

6 IN THE SUPERIOR OF GUAM COURT OF

SUPERIOR COURT GUAM

77 PEOPLE PEOPLEOF OF GUAM,

GUAM, ) CRIMINAL CASE NO.

CRIMINAL no. CF0028-23 8 )) GPD Report Report No.: 23-00886

)

9 vs.

VS. ))

10 IO ) DECISION AND AND ORDER RE.

)) DEFENDANT'S

DEFENDANT'S MOTION

II ) FOR DISCOVERY DISCOVERY AND

AND

RAYMOND RAYMOND MEDEZA BECK, MEDEZA BECK, ) MOTIONS MOTIONS TO EXCLUDE

12 DOB: 06/19/1986 06/19/1986 ))

13 13 --- ) 14 INTRODUCTION

15 This This matter

matter came

came before the Honorable Honorable Judge Maria

Maria T. Cenzon

Cenzon on September 18, 2023, on September

16 [6 for a hearing on on Defendant

DefendantRaymond

RaymondMedeza Beck's("Defendant")

MedezaBeck's Motion for Discovery and ("Defendant")Motion

17 [7 Motions Motions to to Exclude

Exclude which filed concurrently were filed

which were onJuly concurrentlyon 10,2023.

July10, Defendant was 2023. Defendant present with was present with

18

19 counsel Peter C.

counsel Peter C. Perez, AssistantAttorney andAssistant

Perez,and GeneralChristine Attorney General S. Tenorio Christine S. the motion argued the

Tenorio argued motion

20 20 on behalf of the the People of Guam.

People of argument, the Court Guam. Following oral argument, the matter Court took the under matter under

21 advisement pursuantotoCVR advisement pursuant CVR7.l(e)(6)(D)

7-1(¢)(6)(D)of

ofthe

theLOCAL

LOCAL RULES

RULES OF

OF THE

THE SUPERIOR

SUPERIOR COURT

COURT

22 OF GUAM GUAMand and Administrative

AdministrativeRule

RuleNos.

Nos.06-001.

06-001.Having

Havingconsidered

considered the pleadings on file, the the pleadings

23

oral argument argument by both

both parties, and the applicable parties, and statutes and case applicable statutes law, the caselaw, Court now issues this the Court

24 24

25 25 Decision and Order Decision and GRANTING, in part, OrderGRANTING, and DENYING, part, and part, the in part,

DENYING, in for Defendant's Motion for

the Defendant's

26 26 Discovery DENYING and DENYING

Discovery and the Motion Defendant'sMotion

theDefendant's toto Exclude forfor

Exclude thereasons

the setforth

reasonsset herein.

forth herein.

27 27 People of

ofGuam

Guam vs.

vs. Raymond Beck

Raymond Mede:a Beck

28 28 Criminal Criminal Case

Case No.

No.CF0028-23

CF0028-23

Decision and

and OrderDenying.

Denying. Defendant's

Dcllendan!'sMotions

Motionsfor Discovery and lo Exclude and 10

Page Page II of18

ofl8

FACTUAL & PROCEDURAL BACKGROUND FACTUAL&PROCEDURALBACKGROUND I

2 Charges Charges Against

Against Defendant

Defendant and

and Defense

Defense Counsels

3 On January January 23,

23, 2023,

2023, the Defendant

Defendant was charged via via Indictment

Indictment with Second

Second Degree

Degree

4 4 | 1 14 u .

Crlmlnal Criminal Sexual Sexual Conduct

Conduct (As l51 Degree (As aa 1" Degree Felony)

Felony) stemming an incident stemming from an mcldent alleged to have 5 occurred occurred on or or about

about January

January 9, 2023,

2023, when the Defendant

Defendant is accused

accused of engaging

engaging in sexual

sexual

6

7 contact with K.J contact with K.J.M.B. (DOB:

(DOB: Ol/05/2010) lndiclmenl (Jan.

("Victim"). Indictment

0l/05/2010) ("Victim"). 23, 2023 (Jan. 23, ). 1 The

2023).l The Public

Public

8 8 Defender Defender Services Corporation Corporation (PDSC) was appointed to represent represent Defendant on January 12, 12,

9 2023.Nic. 2023. Ntc. of ofCoUrt

Court Appointed

Appointed Counsel(Jan.

(Jan. IZ,

12, 2023).

2023). However,

However, on

on February 6,2023,Attorney 10 Peter c.

C. Perez

Perez ("Attorney

("Attorney Perez")

Perez") entered

entered his appearance on behalf of appearance on of Defendant. of Defendant. Entry of

11 Appearance (Feb. 6, 2023).

2023). On

On April 14,

14, 2023,

2023, a Grant

Grant Jury issued

issued a Superceding

Superceding Indictment

1 12

13 against Defendant 13 Defendantcharging

charginghim

himwith

with33Counts

Countsof

of Second

SecondDegree

DegreeCriminal

Criminal Sexual

Sexual Conduct (As

(As a

14 14 151 Degree 151 DegreeFelony). Superceding Indictment Felony).Superseding Indictment (Apr.

(Apr. 14,2023).

14,

15 15 Filings on Filings on the

the record

record by PDSC and

and Attornev

Attorney Perez

Perez

16 Prior Prior to

to Attorney

Attorney Perez

Perez entering his appearance,PDSC appearance, PDSCfiled

filedseveral

severalrequests

requests and

and notices

17 17

18 on behalf of on behalf of Defendant, including aa Formal Defendant, including Fonnal Request for 66 GCA Request for GCA §404(b)

§ 404(b) Evidence

Evidence(Jan.

(Jan. 23,

23, 2023)

2023)

18

19 and aaRequest Requestfor

for Disclosure

Disclosure (Jan.

(Jan. 23,

23, 2023). On February 27, 2023,theCourt Court issued its

its Criminal

Criminal

20 20 Trial Scheduling inter a/ia, Scheduling Order ordering, inter alia, that all discovery discovery must

must be

be exchanged byJuly

excha_nged by July 10,

10,

21 2023,and 2023, all motions and all and witness

witness lists

listswere due byJuly

July17,

17,2023. See Criminal Trial 2023. SeeCriminal Scheduling Trial Scheduling

22 Order (Feb. 27, 2023).

2023). The

The trial 30, 2023, with the pre-trial trial was scheduled for August 30, pre-trial conference 23 2023. Id.

24 scheduledfor August 22,2023. Id The The Peoplefiled

filedan Exhibit

Exhibit List

Liston

onJanuary

January24,

24, 2023;

2023; however,

24

25 25

26 26 I1 A Magistrate's Magistrate's Complaint

Complaint had

had been

been previously filed on January 12, 12, 2023,

2023, charging

charging Defendant with

with Second Degree

Criminal Sexual Criminal (As a Il"•1 Degree Sexual Conduct (As Degree Felony).

27 People Peop(e ofGu¢fm

ofGuam vs.

vs. Raymond

Raymond MedusaBeck

,\lede:a Beck

28 Criminal Case Case No. CF0028-23

CF0028-23

Decision and Order Denying. Decision Denying. Defendant's and lo Exclude Defcndanfs Motions for Discovery and Page 18 Page 2 of 18 the People have not People have filed a Witness not filed Witness List List as of the issuance of this issuance of Order. On July this Decision and Order.

I

2 17, 2023, 17, 2023, Defendant Witness List.

filed his Witness

Defendant filed Witness List Def's's Wi!ne.s;v

List. Def has Defendant has

2023). Defendant

17, 2023).

(July 17,

List (July

3 waived his right to his right to aa speedy February l,1,2023,2 on February

trial on

speedy trial 2023, 2 and has been he has

and he released on been released his own

on his

4 4 recognizance, with recognizance, conditions,since with conditions, January12, sinceJanuary 2023. 3

12,2023.3

5 On March

March 16,

16, 2023, the People

People filed

filed its

its standard Discovery and, in Motion for [Statutory] Discovery standard Motion

6

7 7 his his Response Response totoPeople's People'sMotion

Motionfor

forDiscovery

Discovery(the

(the'"People's

"People'sMotion") filed on Motion") filed on March 27, 2023, March 27,

8 8 Defendant objected to the Defendant objected the People's Motion, citing a number of of procedural

procedural and

and substantive

substantive

9 9 challenges.

challenges. Response Response toro People

People's'sMotion

Motionfor

for Discovery

Discovery (Mar.

(Mar. 27,

27, 2023).

2023). However,

However, during the

during the

10 10 hearing on the hearing Motion, on the People's Motion, June 12, on June 2023, Attorney Perez 12, 2023, indicated that Perez indicated he had that he rio

had Rio

II to the

objections to People's Motion the People's would discuss and would

Motion and any discovery discuss any issues that discovery issues might arise with that might

12 12

is 13 the People.

People. Hrg. Mot.for Hrg. on People 's's Mot. for Discovery at 2: l0:30 0:30 PM 13

2: 13:56 to 2:

PM ro 12, 2023 (June 12, PM (June 2023).

14 Defendant's Motion for for Discoverv

Discovery

15 15 Subsequently, onJuly Subsequently, on July 10, 10, 2023,

2023,Defendant

Defendantfiled

fileda.aMotion

Motion for

for Discovery

Discovery ("Discovery

16 Motion") Motion") reasserting reasserting his requests for disclosure of the disclosure of set forth in materials set

the materials Request for in the Request

17 17

Disclosures previously filed by PDSC. Disclosures previously PDSC. Specifically, Specifically, Defendant

Defendant seeks the

the following:

following:

18 18

19 (1)

l) the

the name

name and

and address of any

address of any person

person whom attorney intends to whom the prosecuting attorney call as

as a witness

witness at the trial, together together with his

his relevant

relevant written

written or

or recorded

recorded

20 statement, statement;

21 (2) any

anyoral

oralor

orrecorded

recordedstatement

statementandand the

the substance statement made by substance of any oral statement 22 the the defendant or made

defendant or made by

by aa co-defendant

co-defendant(§70.1

(§70. 0(a)(2));

l0(a)(2)),

23 (3)

{3) any

any report

report or

or statement

statement of anan expert, expert, made

made in case, the case,

with the

connection with

in connection

including results

results of physical

physical or

or mental

mental examinations of scientific examinations and of tests, scientific tests,

24 experiments or comparisons experiments or comparisons (§70.10(a)(3));

(§70. l 0(a)(3));

2S 25

26 26 22 An-aignment Arraignment Hrg. ); Waiver (Feb. I,I, 2023);

Hrg. (Feb. Waiver ofSpeea§» THE! (Feb. 1, ofSpeedy Trial l, 2023).

a3 Order of Conditional Rel.

ofCondirional' Bond (Jan.

Appearance Bond

Rel. and Appearance (Jan. 12, 2023).

27 People Qf Guamvs. People vfGuam RaymondMedeza vs. Rqvmvnd Beck ,\,Jede=a Beak

28 Criminal Criminal Case

Case No.

No. CF0028-23

CF0028-23

Decision Decision and Order Denying. Defendant's Dcflcndanl's Motions

Motions for

for Discovery and to

lo Exclude

Exclude

Page of 18 Page 3 al'

l (4) any book, (4) any book, paper, photographor document, photograph

paper, document, or tangible object, which tangible object, the which the

2 prosecuting prosecuting attorney intends to attorney intends to use

usein

in the

thetrial was obtained from or trial or which was

belonged belonged to

to the defendant(§70.l0(a)(4));

the defendant(§70.10(a)(4));

3

(5) any

any record

record ofof prior

prior criminal convictions of criminal convictions ofpersons whom the persons whom prosecuting the prosecuting

4 attorney intends to call as as witnesses at the

thetrial, is named in the discovery trial, or whoisnamed discovery 5 materials materials (§70.

(§70. lIO(a)(5));

0(a)(5));

6 (6) any record, (6) any record, including copies copiesofofpolice

policereports

reportsof

ofprior convictions, filed or prior convictions,

7 pending criminal cases

unfiled pending and probationary or diversionary cases and cases of diversionary cases

any alleged

alleged victim or of

ofany

any witness namedin

witness named and in the discovery, and copies of 8 any plea plea agreements,

agreements, diversion

diversion agreements

agreements or or any.

any.other

otheragreements

agreements

between the prosecution between the prosecution or or any

any law

law enforcement

enforcement officer

officer or agency and such 9 witness; witness,

10 IO (7) whether there

therehas

hasbeen

beenan electronicsurveillance anelectronic of conversations to which the surveillance of

II ll defendant was defendant was party

party or

or of

of his

his premises

premises (§70.10(a)(6));

(§70.lO(a)(6));

12 12 (8) (8) any material

material or information

information which as defendant as

the defendant ofthe

guilt of

negate the guilt to negate

tends to

whichtends

13 13 to to the

the offense

offense charged or would charged or would tend

tend to

to reduce

reduce his

his punishment

punishment therefor

therefor (§

(§

70. lO(a)(?)). 70.l0<=)(7>).

14 (9) any

any evidence of any kind which the prosecution which the intends to prosecution intends use at trial, either to use as either as

IS 15 part of the part of the case

case in

in chief

chiefor

orfor

forrebuttal

rebuttal(§70.

(§70.IIO(a)(S)).

0(a)(8)).

16 16 Request for Request ("Exhibit A"

for Disclosure ("Exhibit DiscoveryMotion)(hereinafter A"totoDiscovery referred to Motion)(hereinafter referred as "Exhibit to as "Exhibit

17 17 Is A")(emphasis A")(emphasis added).

added).

18

19 19 Defendant Defendant also asks for an an order

ordercompelling

compelling the

thePeople producethe

toproduce

People to following material thefollowing material

20 20 for for the the following reasons: 4

followingreasons:4

2 21 (l) (1)"[a]ll

"[a]lldiscovery

discoveryrequested

requested in January 23, 2023, the January inthe for66GCA Requestfor

Formal Request

2023, Formal GCA 22 22 § § 404

404 (b)(b) Evidence."

Evidence." (Referred

(Referred to to herein

herein as

as "404(b)

"404(b) Evidence"). Discovery Evidence"). Discovery

Motion at1]2. Motion at 12. ·

23 23 (2) The

The alleged victim's

victim's mother's records, including mother's criminal records, in Guam including in and Hawaii.

Guam and Hawaii.

24- 24· Defendant Defendant asserts that this evidence is material to the preparation of the defense thatthis

25 2S

26 4 Discovery Motion. pp- 1-6. 4 Discowry Motion. pp. 1-6.

27 27 Peopleof

ofGllum

Guam vs.

vs. Raymond

Raymond Mede:a

Mede=a Beck

Beck

28 28 Criminal Criminal Case

Case No.

No. CF0028-23

CF0028-23

Decision Decision and

and OrderDenying. Del'endanl's Derendant's Motions for Discovery and and toExclude

E,ccludc

Page Pagc4 of 1818

regarding the alleged

alleged victim's motivationtotoleave victim's motivation herresidence leaveher on the alleged residence on

I offense offense date, the allegations fabricate the

and to fabricate

date, and against the allegations against defendant, and the defendant, and is

2 discoverable pursuanttoto88 GCA discoverable pursuant GCA § § 70.15. (Referred to 70.15. (Referred to herein herein as

as "Mother's

"Mother's

Records").

Criminal Records").

3

(3) For For the

the period

period January

January 1, January 31, 1, 2023, through January 2023, the 31, 2023, allegedvictim's thealleged victim's

4 (a) phone

phone number, (b) (b) phone phone records,

records, (c)

(c) phone messages, and phone messages, and (d)

(d) WhatsApp

5 S records. Defendant asserts records. Defendant assertsthat thatthis

thisevidence material to evidenceisismaterial preparation of to the preparation of the the defense

defense regarding

regarding thethe alleged

alleged victim's regarding her statements regarding

victim's statements her 6 communications communications with defendant,with the defendant,

with the friend, M.D., victim's friend,

allegedvictim's

thealleged

withthe

regarding the alleged regarding the allegedvictim's victim's credibility, andand the alleged victim's the alleged purported victim's purported

7 fabrication fabrication of

of the

the allegations

allegations and

and is

is discoverable pursuant to discoverable pursuant to 88 GCA GCA §§ 70.15.

70.15.

8 (Referred to herein herein asas"KJMB's Phone records").

"K.lMB's Phone

9 (4) The alleged the that the

asserts that

Defendant asserts

alleged victim's

victim's juvenile

juvenile records,

records, ififany.

any. Defendant

10 evidence evidence is material to the preparation of the defense material to the preparation of the defense regarding regarding the

the alleged

alleged

victim's victim'scredibility

credibilityand

andthe

theavailability

availabilityofofpotential impeachmentevidence potentialimpeachment and evidence and

II is is discoverable pursuant to discoverable pursuant to 88 GCA GCA §§ 70.15. (Referred to herein as 70.15. (Referred to herein as "KJMB 's 's

Juvenile Records").

12 12

13 13 (5) The The alleged victim's school alleged victim's school records for thethe years 2021l through 2023. Defendant asserts asserts that

that the

the evidence

evidence is

is material

material totothe preparationof thepreparation ofthe

thedefense

defers regarding

14 the alleged alleged victim's

victim's credibility

credibility and

and the availability ofofpotential the availability impeachment potential impeachment

evidence and is evidence and is discoverable discoverable pursuant

pursuant to to 88 GCA

GCA §70.

§ 70.15. (Referred

(Referred to

to herein

herein as

as

15 15 "KJMB's "KJMB 'sSchool

School Records")

Records")

16 (6) The The alleged

alleged victim's

victim's counseling, psychological, and/or psychiatric counseling, psychological, records, if psychiatric records, if 17 17 asserts that any. Defendant asserts the evidence that the material to evidenceisis material the preparation of the

to the preparation

defense regardingthe defense regarding thealleged victim's credibility allegedvictim's and the credibility and availability of the availability

18 potential potential impeachment

impeachment evidence

evidence andand isisdiscoverable discoverable pursuant

pursuanttoto88GCA

GCA§§70. l5.

70.15.

19 19 (Referred to to herein as"KJMB herein as "KJMB's Mental Health Records").

20 20 (7) Videos, Videos, video

video recordings,

recordings, audio recordings, and/or audio recordings, records surveillance records

ardor surveillance

21 21 pertaining pertaining to, depicting, recording the depicting, or recording the defendant connection with the defendant in connection the allegations. Defendant

Defendant asserts that the asserts that evidenceisismaterial theevidence to the material to preparation of the preparation of

22 the defense regardingthe defense regarding thealleged allegedvictim's and the credibility and

victim'scredibility availability of the availability of

23 potential potential impeachment

impeachment evidence and is evidence and is discoverable discoverable pursuant

pursuantto to88GCA

GCA §§70.15.

(Referred to herein asas"Electronic "Electronic Records

Records of of Defendant").

Defendant").

24 2.4

(8) Disclosure Disclosure of

of forensic evidenceincluding including but

but not

not limited

limitedto

to (a)

(a) medical

medical records,

25 (b) rape

rape kit

kit records,

records, (c) DNA

DNAtesting

testing records,

records, (d) Healing Hearts (d) Healing records, (e)

Hearts records,

26 26 serology records, (f)

serology records, (i) fingerprint fingerprint records,

records, (g) or other forensic any other

or any evidence forensic evidence

27 27 People of People Guam vs.

ofGuam Raymond ,\Jede;a vs. Raymond Beck Mede:a Beck

28 28 Criminal Case No. CF0028-23 Case No.

Decision Decision and Order Denying. Dcllendant's for Discovery and to Exclude Motions For

Defendant's Motions

Page S5 of Page of 18 inculpating inculpatingor

orexculpating

exculpatingthethedefendant.

defendant.Defendant

Defendantasserts

asserts that the evidence is I material material to the

the preparation

preparation of the regarding the the defense regarding alleged victim's the alleged

2 credibility and the availability and the availability of ofpotential

potential impeachment

impeachment evidence

evidence is

and is and

discoverable pursuanttoto 88 GCA discoverable pursuant GCA §§ 70.15.

70.15. (Referred

(Referred to herein

herein as

as "Forensic

..Forensic

3 Evidence"). 4 Any arrest

(9) Any charges, criminal charges,

records, criminal

juvenile records,

records, juvenile

criminal records,

records, criminal

arrest records,

5 criminal convictions, and/orjuvenile criminal convictions, adjudications of and/or juvenileadjudications ofthethe alleged victim victim or any

witnesses in witnesses in this

this case. assertsthat Defendant asserts

case. Defendant the evidence thatthe material to the evidence isis material

6 preparation victim's credibility and allegedvictim's

thealleged

regardingthe

defenseregarding

preparation of the defense the and the

availability potentialimpeachment availabilityofofpotential evidence and impeachmentevidence discoverable pursuant to and isis discoverable

7 8 GCA §§ 70.15. 8 GCA 70.15. (Referred to herein (Referred to herein as

as ••Arrest,

"Arrest, Juvenile and Criminal Records Records

8 of Witnesses"). s ofWitnesses").5 ,

9 Exclude to Exclude

Defendant's Motion to

10 IO On July

July 17,

17, 2023,

2023, the Defendant

Defendant filed aa Motion Motion to

to Exclude ("Motion to

Exclude ("Motion Exclude")

to Exclude")

lIIl

6

requesting the Court requesting the to exclude Court to from the exclude from trialthe thetrial following items:

thefollowing items:'

12 12.

13 (1) Any

Any undisclosed non-exculpatory discovery undisclosed non-exculpatory due to discovery due People's failure to the People's failure to provide provide the the material

materialtotothe

theDefendant despite repeated Defendantdespite requests;

repeated requests;

14 (2) 404(b)

404(b) Evidence,

Evidence, asas no

no prior

priorbad acts of

bad acts the Defendant ofthe have been Defendant have provided to been provided

the Defendant,

Defendant;

15 15 that

basis that

(3) Any

Any reference

reference by the prosecution to K.J.M.B. as the "victim"

the prosecution "victim" on the basis onthe

16 itit constitutes constitutes improper

improper witness bolstering and prosecutorial witness bolstering vouching; and, (4) Any

Anyreference Defendant as reference to the Defendant asthe "pelpetrator," the the"perpetrator," "offender," aa"rapist,"

the"offender," "rapist,"

17 17 or another another similar identifier identifier on

on the basis that it

Ir constitutes

constitutes improper witness witness

bolstering bolstering and prosecutorial prosecutorial vouching.

18

19 Defendant's Motion to Strike

20 20 The The People did

did not

not file IS, 2023, well August 18,

until August

motionsuntil

Defendant'smotions

theDefendant's

responsetotothe

file a response

21 21 the due

after the dateasasetset duedate forthininthe forth the Notice Defendant's Defendant's Motion of of

Notice (CR1. Ll.

(CR

Motion I. Fann.

Form l)

l) of July 24

22 22 and July July 31,l, 2023,

2023, for

for each

eachof

of the Dismissal Motion

the Dismissal and Motion Motion and Exclude, respectively. Thus, to Exclude,

Motion to

23 23

24 24

l

25 25 5 To 5 refersspecifically (4) refers

item (4)

Records" in item

"JuvenileRecords"

that"Juvenile

extentthat

To the extent materials in the materials

K.J.M.B.,the

victim KJ.M.B.,

specifically to the named victim 26 26 shall refer Item (9) shall to all refer to exceptfor witnesses except

other witnesses

all other forK.J.M.B ..

K.J.M.B..

6 See Motion to Exclude (Jul.i7, 2023). 6 Motion I 7, 2023).

27 27 People ofGuam People of vs. RaymondMude:a Guam vs, Bt!ck.

Raymond ,\.fede=a Beck

28 28 Criminal Case No. CF0028-23 Case No.

Decision Denying. Defendant's Decision and Order Denying, and lo Discovery and

Defendants Motions forDiscovery Exclude lo Exclude

Page 6 of 18 Page on August 21, 21, 2023,

2023, the Court continued continued the Motion

Motion Hearing to provide provide the Defendant

Defendant time to

I

2 2 review the the People's

People's responses and to allow Defendant responses and to file aa reply.

Defendant to reply. See Motion Hr'g See Motion Hr'g of

of

3 8/21/2023 at l11:01:15 1:01:15 AM to

to l 11:10:22

1:10:22 AM (Aug.

(Aug. 21, 2023).

2023). On

On September

September 111,

1, 2023,

2023, the

the

4 • I| n 4 Defendant filed Defendant ~eply to People's filed his Reply People's Opposmon Opposition to Defendant's Defendant's Motions [sic]

[sic] to Exclude

Exclude

s5 concurrently with with aa Motion

MotiontotoStrike

Strikethe

thePeople's

People'suntimely responses. 7 On untimelyresponses.7 On September September 18,

I 2023,

6 1 during during the continued hearing on on the

the Defendant's

Defendant's Motions,

Motions, however, Court denied however, the Court deniedthe theMotion

Motion

7

s8 to Strike Strike from from the

the bench,

bench, Ending

finding that

that Ir

it was imperative to the Court's Court's decision on the Defendant's

9 9 Motions Motions to to consider

consider the

the People's

People's arguments against compelling arguments against compelling discovery discovery and

and the

the exclusion

exclusion of

of

10 10 evidence and evidence and the terms terms "victim" and "perpetrator"

"victim" and Motion Hrg.

"perpetrator" or "rapist." Motion Hrg.on on9/18/2023

9/18/2023 (Sept.

(Sept.

II 18, 2023).

12 12

13 13 LEGAL DISCUSSION

14 I. A Defendant's Defendant's Right to

to Discovery is Statutory, Statutory, Not Constitutional.

l$ IS that 11"[t]here

As a preliminary matter, the Court notes that [t]here is no general general constitutional

constitutional right to

16 16 discovery in criminal case."

case." People of

ofGuam v. Orallo,

Ora/lo, 2004 Guam 5 Jrll' 99 (citing (citing Weatherford

Weatherford v.

17 17

18 Burney, Bursey, 429.U.S.

429 .U.S. 545,

545, 559,

559, 97 S.ct.

S.Ct. 837,

837, 846 (l977)).

(1977)). Accordingly,

Accordingly, 11"the right to to pre-trial

pre-trial

18

19 19 discovery discovery is strictly limited limited to

to that

that which

which isis permitted

permitted by

bystatute

statute or

or court

court rule

rule mandated

mandated by

11

20 20 constitutional guarantees."

constitutional guarantees. Id.ld (citing (citing Cole v.

v, Slate,

State, 835 A.2d 600, 608 (Md. 2003)). Guam law 600, 608

21 provides provides that that upon

upon aa defendant's

defendant's noticed motion, the court must must order the

the prosecutor

prosecutor to disclose

22 information information enumerated under88 G.C.A.

enumerated under G.C.A. §§ 70.10 70.10 that

that is

is "within

11

within his

his possession or control, possession or control, the the

23 24 existence of which existence of which is known, or by by the

the exercise

exercise of

of due

due diligence

diligence may

may become

become known to the

the

24

25 25

26 17 See Sec ReplybftotoPeople's People's Opp.

Opp, to

ro Def's

D y Mols.

ole. lo Exclude(Sep.

to Exclude (Sep. lll, 2023), 2023); MMot. (Sept. l11, 2023).

lo Strike (Sept.

ot. to

27 People of

ofGuam

Guam vs.

vs. Raymond

Raymond Medeza

Mede=a Beck

Beck

28 28 Criminal Case Case No. CFooQ8-23

CF0028-23

and Order Denying. DeIlendant's Decision and to Excludc Defendant's Motions for Discovery and lo Exclude Page Page 7 al'

of 18

prosecuting attorney." 8 prosecuting attorney." 8 G.C.A.

G.C.A. §§ 70. l0(a). "The disclosure of exculpatory evidence 70. lO(a). evidence is required I

2 by section 70.l0(a)(7) which section 70.10(a)(7) which. codifies codifies and due process constitutional due

and expands upon the constitutional

3 requirement, i recent, set forth in Brady set forth v. Maryland, Brady v. 373 U.S. 83 (1963), that the Maryland, 373 prosecution must the prosecution

4 4 disclose evidence favorable to to the defendant

defendant which

which is material

material to guilt

guilt or punishment. 11 Oralla, or punishment."

I

s s I 2004 Guam ~ Guam 551112. Brady

Brady evidence "includes impeachment evidence relating impeachment evidence government relating to government

6 7 witnesses." People v.

witnesses." v. Fisher, 2001 ~ 12 2001 Guam 2 1] 12 (citing (citing United

United Stales U.S. 667, 473 U.S.

Bagley, 473

Stales v. Bagley,

7

88 676(1985)).

676 ( 1985)).

9 "In that the its discretion, that

"In addition

additionto

tothese

these mandatory disclosures, the court may may order, in its

10 10 I I | . . | u prosecution tum over prosecution other evidence upon a showing over other ofmalerzalzry showing of to the preparation materiality Io his of hrs

preparalzon of

ll II defense and that defense and the request ha! the reasonable." People v. Mateo, 2017 request is reasonable." Guam 22 2017 Guam ~15 (quoting 8 221115

_I22 ·12

13 13 G.C.A.

G.C.A. §§ 70.15(a))(emphasis added). "[U]nder 70.15(a))(emphasis added). "[U]nder both sections 70.10 and sections 70.10 and 70.15, 70.15, as

as well

well as

as our

our

14 14 holding in Tuncap, Tuncap, a threshold showing of of materiality must

must be

be established before the prosecution 15 15 is is obligated to tum tum over

over evidence (under section automatically (under

evidence to the defendant either automatically 70.10 and section 70.10

16 16 Brady) or following following aa motion

motion by

by the

the defendant (under section 70.15)."

defendant (under Id. Moreover, in deciding 70. l5)." ld.

17 17 whether to whether to grant grant aa motion

motion under

under Section

Section 70.15,

70.15,"[t]he

"[t]he court must weigh the substantial court must risk of substantial risk

18 18

19 19 physical physical harm, harm, intimidation,

intimidation, bribery,

bribery, economic reprisals, unnecessary annoyance or

20 embarrassment that may embarrassment that of disclosure to the defense."

the usefulness of

may result to any person against the

Tuncap at at~1116

16(citing

(citing88GCA

GCA§§70.

'/0.15(b)).

21 Tuncap l 22 22 As set forth in Orella, the criminal Ore/lo, the criminal discovery discovery provisions

provisions adopted in 8 G.C.A adopted in G.C.A § 70.10 et el

23 23 seq. strictly Se strictly define define the

the materials

materials and information that govern information that the discovery obligations govern the between obligations between

24 q

is 25 the People and and aacriminal

criminal defendant. However, under 8 defendant. However, GCA §§ 70.15, 8 GCA "upon noticed 70.15, "upon motion by noticed motion by

26 26 defendant and the defendant showing of and aashowing materiality to of materiality preparationof the preparation

to the hisdefense ofhis and that

defense and the request that the request

27 27 PeopleofGualn

of G11amvs.

vs.RaymondAledazaBeck

Raymond Mede=a Be,:k

28 28 Criminal Case Case No.

No. CF0028-23

CF0028-23

Decision Decision and

and OrderDenying.

Denying.Defendant's

DcllcndanllsMotions for Discovery Discovery and

and toExclude

Page Pages8or18

of18

is is reasonable, the court reasonable, the court in in its discretion may

may order

order the

the prosecuting

prosecuting attorney

attorney to disclose to the the

I

2 defendant's attorney any defendant's attorney any relevant relevantmaterial

materialand

andinformation

informationnot

notcovered

coveredby

by§§70.10."

70.I0." 88 GCA

GCA §§

3 3 10(a).In 70. lO(a). Inaddition,

addition, under

under section

section 70.35,

70.35,"the

"the court

court may

may pennit

permit any showing of

of cause for

for denial

denial

4 . | | | . I ' or regulation of disclosures, disclosures, or

or pomona

portion of such showing to of such to be made in camera."

5 A. Defendant A. Defendant is

is entitled

entitled to statutory discovery to statutory discoveryunder under88GCA

GCA §§70.10.

6

7 Tuncap and As Tuncap and its progeny hold, a defendant is its progeny is entitled to discovery entitled to discovery of

of the

the material

material

s8 identified identified in

in 88 GCA

GCA§§

§§ 70.

70.10-70.45.Tuncap

Tuncap at 1115.

1[ 15.Exhibit

ExhibitAA of

of Defendant's

Defendant's Discovery

Discovery Motion

Motion

9 9 seeks primarily the seeks primarily set forth in the statute.

the materials set statute. A A such,

such,Defendant

Defendantisisentitled

entitledtotothe

thefollowing

following

10 I | | I I discoverable items in Exhibit Exhxblt A:

A:

II (1) l) the

the name

name and

and address

address of any person whom the prosecuting attorney attorney intends to

12 12 call as a witness as witness atat the trial, together together with his relevant his relevant written or

or recorded

recorded

13 13 I I statement; statement,

14 14 (2) any any oral

oral or recorded statement and and the

the substance

substance of

ofany

any oral

oral statement

statement made by

the defendant or made by a co-defendant (§70. 10(a)(2));

(§70.10(a)(2));

15 15

16 16 (3) any any report

report or

or statement

statement of an

an expert,

expert, made

made in connection

connection with

with the

the case,

case,

including results

results of physical

physical or

or mental

mental examinations and of scientific examinations and scientific tests, tests,

[7 17 experiments experiments oror comparisons comparisons(§70.1

(§70.l0(a)(3));

0(a)(3));

18 18 (4) any

any book,

book, paper,

paper, document, photograph or document, photograph or tangible object, which tangible object, which the the

19 19 prosecuting attorney prosecuting attorney intends intendstoto use

useininthe

thetrial

trial or

or which

which was obtained

obtained from

from or

belonged belonged to

to the defendant(§70. l 0(a)(4));

the defendant(§70.10(a)(4));

20 (5) any

any record

record of prior

prior criminal

criminal convictions

convictions ofofpersons

persons whom

whom the

the prosecuting

prosecuting

21 attorney intends

intends to call as at the as witnesses at trial, or thetrial, or who is named named in

in the

the discovery

discovery

22 materials materials (§70.

(§ 1I0(a)(5));

0(a)(5));

23 (6) whether whether there has been

beenan

anelectronic

electronicsurveillance

surveillance of

of conversations

conversations to

to which

which the

defendant wasparty defendant was partyor

orof

of his

hispremises

premises(§70.10(a)(6));

(§70.l0(a)(6)),

24

25 (7) any material material or

or information which tends to negate negate the guilt of

ofthe

the defendant

defendant as

as

I to the

the offense would tend to offense charged or would to reduce reduce his

his punishment

punishment therefor

therefor (§

(§

26 70.I0(a)(7)).

70.1 0(a)(7)).

27 People People o/'Guam

of Guam vs.

vs. Raymond

RaymondMedescI

Mede=a Beck

Beck

28 Criminal Case Case No.

No. CF0028-23

CFO028-23

DecisionandOrder Denying.

Denying. Defendant's Motionsfor Derendant's Motions for Discovery and lo Exclude and 10

Page Page 9 of

or 18

l (8) any evidence of any kind any evidence which the kind which prosecution intends the prosecution to use intends to at trial, either use at as

either as

2 part caseininchief part of the case chiefer for rebuttal or for rebuttal(§70.

(§70.l0(a)(8)).

IO(a)(8)).

3

4 Consequently, Defendant's Consequently, DiscoveryMotion Defendant'sDiscovery for the Motion for material contained the material Exhibit A containedinin Exhibit set forth A set

4

s5 herein is granted ofDefendant's granted with the exception of request for Defendant's request including copies of "any record, including

for "any of

6 6 of prior convictions, filed or unfed police reports of police and probationary or cases and

criminalcases

pendingcriminal

1mfiledpending

77 o | | . I | diversionary cases of any alleged victim diversionary cases orof victim or any witness

ofany named in the witness named copies of the discovery, and copies of 8 any plea diversion agreements plea agreements, diversion any other agreements or any agreements between the prosecution or other agreements or 9 10 enforcement officer any law enforcement witness." Exhibit A, such witness."

officer or agency and such A, itéin item (6).

(6). Section

Section 70.10

70.10 -

II 70.45 do not 70.45 do not appear disclosure of mandate the disclosure

appear to mandate materials absent these materials of these showing of absentaa showing 1)

of (1)

12 reasonable.

request isisreasonable.

therequest

thatthe

(2) that

defense and (2)

Defendant's defense ofDefendant's

12 materiality to to the preparation of

the preparation

13 13 Trmcap at 1116 Ttmcap (citing 88 GCA ,i16 (citing GCA §§ 70. 15). Absent 70.15). Absent more than a general demand disclosure of demand for the disclosure of 14 such such information, that the finds that

information, the Court Ends Defendant has the Defendant to establish has failed to and establish materiality and 15

16 16 reasonableness justifyingananorder reasonableness justifying orderof ofdisclosure

disclosureunder

under88GCA

GCA §§ 70.15. As such,

70.15. As such, the

the Court

Court

17 DENIES DENIES the the motion to compel

motion to the discovery compel the of this discovery of item absent this item and absent a showing of materiality and 18 18 reasonableness setforth reasonableness set in Section 70.15.

forth in 70.15.

19 B. 8. 404(b) Evidence.

404(b) Evidence.

20 20

The People The do not

People do use any intend to use

not intend bad acts prior bad

any prior of the acts of Defendantatatthe the Defendant thetrial "at this trial "at

21I

22 22 time."

time." People 's Response People's shall not Court shall

the Court

such, the As such,

p. 4. As

Response at p. thedisclosure compel the

not compel disclosureof any 404(b)

ofany 404(b)

23 23 using such from using

precluded from be precluded

may be

People may

the People

response, the

upon this response,

based upon

evidence. However, based evidence. such

24 I , • . Q hasset

Courthas

the Court

once the

future once

the future

in the

evidence m evldence the matter set the for trial.

matter for trial. See, discussion at See, discussion 16, infra.

p. 16, at p. infra.

25

26

27 27 People People 0f

ofGzranz vs. RaymondMede=a Guam vs. Medeza Beck Beck

28 28 Criminal CriminalCase

CaseNo. CF0028-23

No.CFOD28-23

Decision Decision and

and Order Denying.DefendantsMotions Defendant's Motions for

for Discovery and to Exclude Discovery and

Page 10

10of 18

of18

Mother's Criminal C. Mother's Records.

CriminalRecords.

I

2 Defendant's only information that such criminal records information that /nigh! exist is through records mighl the family through the family

3 3 of of the the alleged of 9118123 at on Mot. of9/18/23

and her mother. Hrg. on

victim and

alleged victim 18, 2023).

(Sept. 18, AM(Sept.

l0:50:27 AM at l0:50:27

4 U 4 | I I l The People also also indicate

indicate that

that they

they have

haveno knowledge of

noknowledge recordof of aa record any criminal of any convictions for cnmxnal convictions for

5 KJMB 'smother. KJMB's Defendantclaims mother. Defendant thatthis claimsthat evidenceisis "material this evidence to the "material to preparation of the preparation the defense of the defense

6 1 regarding the allegedvictim's the alleged her residence victim's motivation to leave her alleged offense date, and residence on the alleged

7

8 s to fabricate fabricate the allegations defendant" and, therefore, against defendant"

allegations against under Section 70.15.

therefore, discoverable under

99 However, failed to make has failed

Court finds that Defendant has the requirements in Tuncap,theCourt applying the

However, applying Tuncap, 10 JO a reasonable betweenthese connection between

reasonable connection recordsand theserecords itsclaimed andits purpose in claimed purpose order to establish the in order

II threshold requirement threshold materiality. Moreover, requirement of materiality. the Defendant Moreover, the has failed Defendant has to establish failed to that establish that

12 12

13 outweighs "the disclosure outweighs substantial risk "the substantial unnecessary annoyance riskofofunnecessary or embarrassment annoyance or that may embarrassment that

14 14 any person result to any against the usefulness person against of disclosure usefulness of to the defense."

disclosure to such, the Court defense." As such,

15 ms DEN1ES DENIES this this request.

request.

16 16 KJMB'sPhone D. KJMB's Records.

PhoneRecords.

17 17 The People

People have responded that KJMB's have responded phone number has KJMB ,s phone been provided to has been defense to defense

18

19 19 finds that counsel. As such, the Court finds disclosurehas thatdisclosure been satisfied has been and the satisfied and Defendant may the Defendant seek

may seek

20 the issuance subpoena duces of a subpoena

issuance of compel the disclosure tecum to compel

dices cecum by third parties of disclosure by other of all other

21 information seeks which infonnation it seeks associated with is associated

which is phone number with the phone and not number and People's not in the People's

22 22 the extent

possession. To the thatthe extent that Peoplehave thePeople satisfiedthis havesatisfied demand,the thisdemand, motionisisDENIED.

themotion DENIED.

23 E. KJMB's EmailAddress

KJMB,sEmail and Email Addressand Records.

EmailRecords.

24

25 25 The People have responded that the People do not have access The People KJMB's Email Address accesstotoKJMB's

26 26 Records.

and Email Records.Response request is unreasonable, this request

argue that this

People argue thePeople

Moreover, the

at p. 4. Moreover, unreasonable, 27 People People q/'Guamvs. Raymond Mede.:a ofGuam vs. Rqyvnond Madera Beck 28 28 Criminal Criminal CaseNo. CF0028-23 Case No. CF0028-23

and OrderDenying.

Decision and Defendant's Motions forDiscovery Denying. DefendanTsMotions and to for Discovery and lo Exclude Page 11 Page l\ or18

of18

oppressive and overbroad. oppressive and overbroad. However, However, the

the People

Peopleare

arewilling request KJMB's's email to request

willing ro messages emailmessages

I

2 2 "pertaining to this incident incident only.n Defendant's request agrees that Defendant's

only." Id. The Court agrees as request is overbroad as

3 Ir it seeks of KJMB's's email all of

seeks all email records 2023 without January 31, 2023

through January

2023 through

January l,I, 2023

from January

records from without 4 4 limitation.

limitation. Defendant Defendant must

must still

stillsatisfy

satisfythe

themateriality

materialityand

andreasonableness

reasonableness requirements requirements under

s 5 Tuncap. Tuncap. Finding Finding that

that Defendant

Defendant has

has failed to do so, this request request isis DENIED.

DENIED.

6

7 F. KJMB's

KJMB'sJuvenile Records.

JuvenileRecords.

8 The People that"[a]ll respondedthat

have responded

People have records are juvenile records

"[a]ll juvenile sealed to the are sealed prosecution the prosecution

9 9 division, division,and andthe

thePeople

Peopledo

do not

nothave

have access

access to these records." Id.Juvenile records." Id are not covered records are

Juvenilerecords

10 10 under Section 70.10. There are 70.10. There not, for are not, example, "criminal for example, under 70.l0(a)(5).

"criminal convictions" under In 70.l 0(a)(5). In

II fact, the Family fact, the Family Court Court Act specifically states that"[n]o states that "[n]o adjudication adjudication by

by the

the [Family]

[Family] court of the

12 12

13 13 any child

status of any be deemed child shall be conviction, nor deemed aaconviction, shall any adjudication nor shall operate to impose any adjudication operate

14 14 of of the the civil civil disabilities

disabilities ordinarily

ordinarily resulting

resulting from

from conviction."

conviction." 19

19 GCA

GCA§§5114.

5114. Consequently,

Consequently,

IS 15 subject to records are not subject

juvenile records juvenile disclosure under to disclosure 70.10. Moreover, under 70.10. even if Moreover, even Court were to if the Court

16 16 exercise its discretion under its discretion Section70.

under Section upon aa showing 70.15 upon ofgood showing of cause and good cause materiality to the and materiality

17 17 18 the defendant's defense, preparation of the the Defendant defense, the hasfailed Defendanthas to satisfy failed to requirements of satisfy the requirements of 18

19 19 Tuncap. In Tuncap. has not established that any such records exists and its general Defendant has

instance, Defendant

this instance,

In this general

20 purpose thatitIrisisrelevant purpose that credibility and the availability KJMB's credibility

relevanttotoKJMB's of "potential"

availability of impeachment "potential" impeachment

21 21 evidence is requestisisDENIED.

insufficient to grant the motion to compel. As such, this request is insufficient DENIED.

22 G. G. KJMB's

KJMB'sSchool

School Records.

Records.

23 The People have respondedthat have responded notin thatitit isis not the possession in the ofKJMB's possessionof KJMB's school records and 24

Zs 25 do not intend to use KJMB's KJMB 'sschool

schoolrecords

records at

at trial.

trial.Defense counselasserts Defensecounsel that the asserts that records are the records

26 26 availability of theavailability

and the

credibility and

K.lMB'scredibility

regardingKJMB's

defenseregarding

the defense

of the

preparation of

material to the preparation material 27 27 People l'eopfe o/Guam

of G1iam vs.

vs. Raymond

Raymond Mede:aHeck

Beclc

28 28 Criminal Criminal Case

Case No. CF0028-23

CF0028-23

Decision Decision andOrder

and Denying.

Denying. Defendant's Motionsfor Defendant's Motions for Discoveryand and loExclude

Page Page 12ofl818

"potential" "potential''impeachment Mot. at evidence. Discovery Mar.

impeachment evidence. insufficient to statement isis insufficient blanket statement

This blanket

at 4. This

I

2 2 satisfy satisfy the requirements Tuncap. Defendant's request is overbroad of Tuncap.

requirements of and not overbroad and the not within the

3 3 of juvenile confidential nature of

Government's statutory discovery obligations due to the confidential Government's records.

juvenile records.

4 19 19 GCA GCA §§ 5122;

5122; 19

19 GCA

GCA§§13210.

13210.See

See also,

also, discussion,

discussion, supra. Moreover, these records are supra. Moreover,

5 protected by federal protected by law from disclosure federal law under the disclosure under Family Educational theFamily Rights and Educational Rights Privacy Act and Privacy Act

6 1 ("FERPA").

("FERPA"). The The Defendant circumvent the cannot circumvent

Defendant cannot under FERPA protections under

the protections the nor the

FERPA nor

7

s8 requirements under Tuncap merely by claiming Tuncap merely they are claimingthey relevant to establish credibility are relevant and the credibility and

99 "potential"

"potential"for forimpeachment any discretionary disclosures by temper any

must temper

Court must

The Court

evidence. The

impeachment evidence.

10 requiring Defendant requiring to establish Defendant to that disclosure establish that of KJMB's disclosureof records outweighs school records

K.IMB's school "the outweighs "the

11 II risk of

substantial risk unnecessary annoyance ofunnecessary or embarrassment annoyance or that may embarrassment that result to may result person against to any person against

12 12

13 13 of disclosure

usefulnessof the usefulness to the disclosure to defense." For the defense." these reasons, For these themotion reasons,the regardingKJMB's motionregarding KJMB's

14 14 school records is is DENIED.

DENIED.

15 IS Records.

H. H. KJMB's HealthRecords.

MentalHealth

KJMB'sMental

16 16 The People have responded People have thatitit isis not respondedthat possession of the possession

not in the counseling, of KJMB's's counseling,

17 17

18 psychiatric records.

and psychiatric

psychological and Moreover, the records. Response at 5. Moreover, People have confirmed the the People

18

19 19 of Healing non-existence of Hearts records.

Healing Hearts Id. Defense records. Id. asserts that the records are material counsel asserts

Defensecounsel material

20 ofthe preparationof

to the preparation defenseregarding thedefense KJMB regarding credibilityand 's credibility KJMB's theavailability andthe of "potential"

availabilityof "potential"

21 21 impeachment evidence. Mot. at 5. This evidence. Discovery Mar. blanket statement This blanket is insufficient to satisfy the statement is

22 requirements of requirements request is Tuncap. Defendant's request of Tuncap. overbroad and is overbroad not within the and not Government's the Government's

23 24 obligations due statutory discovery obligations confidential nature of mental due to the confidential records. Moreover, mental health records. Moreover, 24

25 2S has failed Defendant has Defendant that disclosure outweighs "the failed to establish that risk of substantial risk

"the substantial unnecessary ofunnecessary

26

27 People rof

1fGuam

Guarnvs.

s.Raym A

Raymond l ez Beck

Mede::a Beck

28 28 Criminal Criminal CaseNo.

No. CFD028-23

CFD028-23

Decisionand Decision OrderDenying. Defendants Motions Denying. Defendant's Motions for for Discovery

Discovery and

and to

lo Exclude

Page lJ of18 Page13 ofl8 annoyance or or embarrassment

embarrassment that

that may

may result against the person against

result to any person usefulnessof the usefulness disclosure to of disclosure

I

z2 the defense."

defense."

3 Additionally, such Additionally, are protected by federal records are

such records disclosure under the Health federal law from disclosure 4 .1 l I | I . 0 Insurance Ponablllty and Insurance Portability Accountablhty Act and Accountability whichprovides (HIP AA)which

Act (HIPAA) consumers with providesconsumers important withImportant

s s privacy rights privacy and protections rights and health information.

respect to their health

with respect

protections with avenue an avenue

providesan

HIP AAprovides

information. HIPAA

6 7 for for disclosure pursuant to disclosure pursuant to aa court court order

order under

under 45

45 CFR §§ 164.512.

164.512. Absent

Absent following

following such

such

7

s8 procedures, the procedures, Courtwill theCourt People to compel the People

will not compel disclosesuch to disclose information,which suchinformation, is not which is in its

not in

9 9 possession in possession in any Health Records K.lMB's Mental Health

regardingKJMB's

motionregarding

themotion

reasons,the

thesereasons,

event. For these

any event.

10 is DENIED. II I. I. Electronic

ElectronicRecords

Recordsof

ofDefendant (Video, Audio, Etc.)

Defendant (Video,

12 12

13 13 The People responded that People have responded that it possession of Ir is not in the possession records. Although these records. of these

14 14 Section 70.l0(a)

Section 70.1 0(a) provides provides an

an exhaustive

exhaustive list of

of the which the material which

the material People are the People required to are required

IS 15 Defendant, it also requires that disclose to a Defendant, matters generally that matters discoverable must generally discoverable be within must be within the

[6 16 prosecutor's "possession or prosecutor's control, the existence of which or control, or by is known, or

which as the exercise by the due

exercise of due

17 17 18 diligence diligence may may become known

known to the prosecuting

prosecuting attorney."

attorney." 8 GCA

GCA §§ 70.I0(a).

70.I0(a). The

The prosecutor's

prosecutor's

18

19 19 obligations extend extend to material information to material by his staff and those information controlled by who report those who to him

report to

20 regularly regularly or or in

in reference

reference to

to aa particular

particular case.

case. 88 GCA

GCA §§ 70.l0(b).

70.I0(b).Defendant

Defendanthas

has not

not established

established

21 21 that any such evidence any such whetheror existswhether

evidenceexists notin ornot thecontrol

in the of the

control of prosecutionor those who report the prosecution

22 22 .

to him regularly; therefore, this regularly, therefore, requestisisDENIED.

thisrequest DENIED.

23 23 Forensic Evidence. J. Forensic

24

25 have responded The People have thatthere respondedthat no forensic thereisis no evidence. As forensic evidence. request is such, this request As such,

26 26 DENIED, DENIED, as as itit isis not

not applicable.

applicable.

27 27 People of

ofGnam

Guam vsvs Raymond

RaymondMedeza

Medeza Beck

Beck

28 28 Criminal Criminal Case

Case No.

No. CFG028-23

CF0D28-23

Decision Decision and Order Denying.

Denying. Dellendantls

Defendant's Motions for

for Discovery

Discoveryand

and xo

to Exclude

Page Page 14of 1818

.· K.

K. Arrest,

Arrest,Juvenile

Juvenile and

and Criminal

CriminalRecords

Recordsof

ofWitnesses.

Witnesses.

l

2 For the the reasons statedpreviously, reasons stated previously, the the Court

Court DENIES requests for juvenile requests for juvenile records records and

3 3 juvenile adjudications juvenile adjudications of "the "the alleged victim

victim or

or any

any witnesses." Discovery Marion witnesses.,, Discovery Motion at p. 6.

6. With

4 ¢ o regard to arrest records, the People shall shall disclose and RAP sheets of any sheets of any witnesses

witnesses who

who may be

5 called to testify at trial. 8 Police at triaI.s Police reports compiledby the the Guam Police Department are are confidential

confidential

6 1 and exempt from and exempt disclosure except from disclosure by order except by order of

of this Court, however, its Court; however, its disclosure disclosure is not

not

7

a 8 mandatory under 70.10 and the l and the Defendant

Defendant has

hasfailed

failed to

to establish

establishmateriality

materiality or reasonability as as

9 9 Tuncap and Mateo.

required under Tuncap Mateo. Criminal Criminalconvictions

convictionsofofany

anysuch

suchwitnesses

witnesses is

is mandatory under

10 10 8 GCA 70.

70. 10(3)(5)

lO(a)(S) and must be disclosed.

II ll. II. Defendant's Motion to to Exclude

12

13 13 Defendant seeks to Defendant seeks ro prohibit prohibit the

the People from presenting the following evidence presenting the evidence or

14 14 employing the following following terns

tenns during

during the

the trial of this

trial of this matter:

15 A. Undisclosed

Undisclosed non-exculpatory non-exculpatory discovery.

16 16 Defendant asserts that the People should be "trial asserts that "trialready ready at

at the time of indictment." Reply Reply

17 18 at I1 (Sept.

(Sept. ll,

11,2023).

2023). Arguing

Arguing that

that the People

People have continuously delayed the continuously delayed the disclosure disclosure of

of

18

19 19 evidence the Defendant evidence the Defendantseeks seeksthe

thefollowing

following relief:

reliet8 (I)

(1) exclusion

exclusion of

of all other

other non-exculpatory

non~exculpatory

20 20 evidence that that might

might come into the

the possession of the People possession of People after after August

August 19, 2023. Id.

19, 2023. ld. at 2., and

21 (2) (2) to to allow allowDefendant

Defendant to

to make

make reference to purported discovery violations violations to

to the jury

jury at the trial.

trial.

22 Defendant has waived Defendant has waived his

his right

right to a speedy trial. Waiver Waiver (Feb. I,1, 2023).

2023). He

He has

has been

been

23

24 released on his released on his own own recognizance

recognizancewithout

without posting

posting bail,

bail, bond or

or any

any security and only upon the 24

25

26 11 As of s ofthe the issuance

issuance of

of this Decision and Order, Order, the

the Pcoplc

People have not

not submitted aa Witness List.

27 0JG11am vs.

People o./Guam vs. Raymond RaymondMedeza Beck

Medeza Beck

28 Case No.

Criminal Case No. CF0028-23 and Order Denying. Defcndanfs Decision and Defendant'sMotions Motionsfor

forDiscovery

Discoveryand

andno

10 Exclude

IS of 18

Page 15

least least onerous conditions without onerous conditions without electronic electronic monitoring

monitoring since

since the

the filing of

ofthe

the magistrate's

magistrate's

I

2 2 complaint complaint in

in January,

January, 2023.

2023. Order of

ofConditional

Conditional Release

Release (Jan.

(Jan. 12,

12, 2023).

2023). Other than

than the

the

3 3 pendency pendency of this case against him, the theDefendant

Defendanthas

hasfailed

failed to

toestablish

establishany

anyprejudice

prejudiceresulting

resulting to

4 I ¢ .

him from the him from the delay by the delay by the People

People of

of responding

responding to

to his discovery

discovery requests.

requests.

5 Moreover, Moreover, 8 GCA §70.40

8 GCA § 70.40 imposesupon allparties imposes upon all parties in a criminal criminal proceeding the

thecontinuing

continuing

6 7 1 duty to disclose "additional duty ..additional material infonnation previously material or information previously requested requested or ordered,

ordered,which

which is

s8 subject to disclosure under this Chapter [70,of Title 8, 8, Guam Code Annotated]." Section 70.40

9 9 mandates aaparty mandates or his

partyor his attorney to"promptly notifythe other party party or

or his

his attorney

attorneyor

orthe

thecourt

courtof

of

10 10 1 |1 a . o I the existence the existence of

of the

the additional

addltnonal material

material or information." As or mtlormatlon." As such, such, under

under the

the current

current circumstances,

circumstances,

II Defendant's request to Defendant's request other than to exclude all future discovery other than exculpatory evidence is denied as 12 12

la 13 a violation of Section

Violation of Section 70.40.

70.40.

14 14 B.

8. 404(b)

404(b) Evidence.

15 15 The Court hereby incorporates its previousdiscussion previous discussion regarding regarding the disclosure of 404(b)

16 evidence, supra, herein as if fully fully set

set forth.

forth. Moreover,

Moreover, the

the People

People have

have indicated that itit does not indicated that

17 17 18 introduce any evidence of Defendant's intend to introduce Defendant's prior priorbad

bad acts.

acts. Because

Because the

the matter

matter has not yet

18

19 19 been been set for trial pending pending the

the Defendant's

Defendant's instant

instant Motions,

Motions,once

oncethe

thematter

matter has

has been

been scheduled

20 for jury selection and and trial,

trial, under

under88GCA

GCA §§ 80.40, defendantisis only 80.40, a defendant only entitled entitled to

to five

five days

days of

of

21 21 preparation before preparation before trial. Thus, any any evidence,

evidence, including

including 404(b)

404(b) evidence pursuant

pursuant to

to aa Notice,

22 provided at provided at least five

five (5) days

days before

before trial

trial should

should be sufficient to

be sufficient to avoid

avoid unfair surprise or

or prejudice

prejudice

23 24 to the Defendant. 24

25 25 II ff

26 26 II

U

27 People People o/Guam

of Guam vs.

vs. Raymond

Raymondl\!ede°a

Mede:a Beck

Beck

28 Criminal Case Case No.

No. CF0028-23

CF0028-23

Decisionand

and OrderDenying.

Denying. Dellendanl's Motionsfor Defendant's Motions forDiscovery and toExclude and to

Page 16 ofl8 Page 16of18

I

Reference to KJMB

C. Reference as the "victim."

KJMB as "victim."

l

2 Defendant's request to absolutely request to absolutely preclude preclude the

theprosecutor

prosecutorfrom

from referring

referring to

to KJMB

KJMB as

as the

3 "victim"

..victim" during during the

the trial is

is overbroad

overbroad and

and Defendant

Defendant has

has failed to include

include any

any points

points and

and

4 4 authorities in support supportof

ofsuch

suchexclusion.

exclusion.Arguing

Arguing generally

generallythat

thattotocall

callKJMB

KJMB the "victim" results "victim" results

5 in in improper improper witness

witness bolstering and prosecutorialvouching and prosecutorial vouching isis insufficient insufficient to

to justify

justify aa blanket

blanket

6

1 prohibition prohibition against against the prosecutor's of the prosecutor's use of the legal legal term whenitit isis appropriate termwhen appropriateduring during the

thetrial

trial of

of

7

8 this this matter. To To follow

follow this

this request

request to it absurdconclusion, conclusion, in

inthe

the event

eventaa witness

witness testifies

testifiesand

and uses

uses

9 9 the term "victim,"

"victim," should

shouldthe

theprosecutor

prosecutormerely repeatwhat merelyrepeat whathas

has been

been testified

testified to

to and

and entered into

entered into

10 10 4 \ 4» . . 1 , evidence, this repetition would evidence, technically violate would technically the Court's violate the Court's order order granting

granting exclustonexclusion . Thus,

Thus, the

11 Defendant has Defendant hasnot notjustified

justified aa blanket

blanket exclusion

exclusionof

of the

theuse

useof

ofthe

theterm

term"victim" by the

"victim" by the prosecutor 12 12

13 13 when it is is appropriate.

appropriate. However,

However, the People are on notice that the Defendant the People Defendant may seek aamistrial may seek mistrial

14 14 in the the event

event that the prosecutor improperly vouches for KJMB's KJMB 'sveracity

veracityas

as prohibited

prohibited under

under

15 15 Guam law. At this this time, however,

however, the Court finds

finds that the Defendant's Defendant's current request improper request is improper

16 16 and unsupported unsupportedby

by legal

legal authority.

authority.

17 17

Reference to Defendant D. Reference Defendant as as "perpetrator,"

"perpetrator," the

the "offender'',

"offender", aa "rapist,"

"rapist," or

118 another similar another similar identifier.

19 19 The Court finds

finds similarly

similarlythat

thatDefendant's

Defendant'srequest

request to

to exclude

exclude any

any and

and all

all references

references by

20 the prosecution prosecutionto

tothe

theDefendant

Defendantasasthe

the"perpetrator,"

"pelpetrator,"the

the••offender",

"offender",aa.."rapist," or another rapist," or anothersimilar similar

21 21

22 22 identifier identifierisisoverbroad overbroad as

as itit ignores

ignores the

the Guam Supreme Court's

Court's Endings

findings in People v.

v. Roby,

Roby, 2017

23 Guam 77,135 1135that

thatthe

thetenns

terms Of"rape,"

of"rape," "sexual

"sexual assault," and "sexual abuse"

abuse" may be used

used in

in closing

closing

24 24 arguments usedby if' used

arguments if by aa witness witness during

during trial

trial testimony. It

It also disregards People People v.

v. Moses.

Moses, 2022

2022

25 Guam Guam 17 ,i'll 59 59 which found that the use found that use of

of the

the "rape"

"rape" is not

not error

error when

when quoting

quoting aa witness's

witness's

26

27 People of

o/Guam vs.

vs. RaymondA!ede'aBeck

Raymond Mede::a

28 Criminal Case Case No.

No. CF0028-23

CF0028-23

Decision and

and Order Denying. DefendanTsMotions Denying. Defendant's Motionsfor for Discovery and

and to

lo Exclude

Page 17ofl8

of18

testimony. testimony. The The People

People are, however, cautioned by the the Court

Court herein

herein and

and place

place on notice

notice that, absent

l

2 2 the use use of of these

theseparticular

particular terms

terms by

by aa witness

witness at

attrial

trial and its use by

by the prosecution

prosecution in reference to

3 such testimony, testimony, itit may not refer refer to

to the Defendant

Defendantas

asthe

the"perpetrator,"

"perpetrator,"the

the"offender",

"offender", aa"rapist,"

"rapist,"

4 4 another similar or another similar identifier.

identifier. The

The Court will not,

not, however,

however, issue

issue aa blanket

blanket order

order excluding

excluding the

the

5 terms for use use at

attrial

trial if

if itit is

is aa term which

which aa witness uses

uses during

during trial

trial testimony.

6

CONCLUSION

7

8 For the reasons set set forth

forth herein,

herein, the

the Court

Court makes

makes the

the following rulings:

9 (1) Defendant's Discovery Discovery Motion in part, Motion is GRANTED, in DENIED, in part, andDENIED, in part, part, as more

10 fully set forth, above.

11 Defendant's Motions

(2) Defendant's Motions to to Exclude

Excludewith

withregard

regard to

to all

all relief

reliefsought

sought therein DENIED.

therein is DENIED.

12

13 SO ORDERED SO ORDERED this 18 th day this 18th day of

of December, 2023.

14

15

)

16 HO '-'A'JB..AILE

LE MARIA T. CENZON

17 Judge, Superior Court of Guam 18

19

20 20

21

22

23

24 24

25

26 26

27 ofGuam

People 0f Guam vs.

vs. Raymond

Raymond AIede:a

Mede;a Beck

Beck

28 Criminal Case No. CF0028-23 Case No.

Decision Decision and

and Order Denying. De{lendant's Defendant's Motions for Discovery Discovery and to Exclude

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