People v. Camacho

Opinion

FILED SUPERIOR COURT OF GUAM 1 2021 SEP 22 PH ~: II 2 CLERK OF COURT 3 By:_...;;.~-·~-­ 4 IN THE SUPERIOR COURT OF GUAM 5 PEOPLE OF GUAM, ) CRIMINAL CASE NO. CF0343-21 6 ) vs. ) 7 ) DECISION AND ORDER DENYING 8 PAUL CHRISTOPHER ) DEFENDANT'S MOTION TO MODIFY MANGLONA CAMACHO, ) PRE-TRIAL RELEASE CONDITIONS TO 9 DOB: 0112411991 ) ALLOW LIMITED CONTACT WITH ) ALLEGED VICTIM; ORAL MOTION FOR 10 Defendant. ) RELEASE ON ELECTRONIC MONITORIN ----------------------------------- 11 INTRODUCTION 12

13 This matter is before the Honorable Maria T. Cenzon on Defendant Paul Christopher

14 Manglona Camacho's ("Defendant") Motion to Modify Pre-Trial Release Conditions To Allow 15 Limited Contact With Alleged Victim ("Motion") filed on September 8, 2021. Defendant seeks a 16 modification to allow him to have limited contact with the alleged victim for the purpose of 17 coordinating visitation and to retrieve his personal belongings in the possession of the victim. 18

19 The People of Guam, represented by Assistant Attorney General Renaida Z. San Nicolas ("AAG

20 San Nicolas"), oppose the Motion on the basis that the Alleged Victim does not want contact

21 with Defendant and contends that Defendant has no property in her possession. 22 The Motion was heard on September 22, 2021. AAG San Nicolas was present and 23 continued to oppose the Motion. Defendant was present with counsel Assistant Public Defender 24 Peter Sablan. Having reviewed the pleadings, parties' oral arguments, the record, and relevant 25

26 law, the Court hereby DENIES Defendant's Motion.

28 People v. Paul Christopher Manglona Camacho, CF0343-21 D&O Denying Defendant's Motion to Modify Conditions of Release on Electronic Monitoring and Oral Motion to Release Defendant on Electronic Monitoring Page 1 of 4 1 DISCUSSION

2 Defendant was indicted with two charges of FAMILY VIOLENCE (as a Third Degree 3 Felony involving the Alleged Victim, identified herein as V.M .. On August 12, 2021, Defendant 4 was released on Electronic Monitoring ("EM" or "EM Program") on August 12, 2021, by 5 Magistrate Judge Jonathan Quan ("Magistrate Quan") and ordered, inter alia, to stay away from 6

7 and have no contact with V.M. Order of Conditional Release and Appearance Bond (Aug. 12,

8 2021). The Defendant then sought to modify his release to permit limited contact with V.M. for

9 the purpose of arranging for visitation with their minor child and in order to retrieve his 10 belongings from the home. The People opposed the Motion, indicating that although V.M. did 11 not want any contact, that the visitation with the minor child could occur through Erica's House. 12 The hearing on Defendant's Motion was originally set for September 16, 2021, but was 13

14 continued to September 22, 2021.

15 On September 12, 2021, Probation Services Division of the Superior Court of Guam filed

16 a 1st Violation against Defendant, alleging that Defendant breached the "Inclusion Zone" and that 17 Probation confirmed that Defendant had left his residence in violation of House Arrest 18 provisions. 1st Violation Report (Sept. 15, 2021). A Second Violation was filed on September 20, 19 2021, alleging that Defendant again breached the "Inclusion Zone" rule at 9:29p.m. and again at 20

21 10:22 p.m. and confirmed that Defendant left his residence "in direct violation of the Court's

22 order ... to observe House Arrest." 2nd Violation Report (Sept. 20, 2021). As a consequence of 23 the violations, Magistrate Quan issued a Bench Warrant, which was returned on September 20, 24 2021. Magistrate Quan addressed the violations during a return of warrant hearing on September 25 21, 2021, during which Defendant answered to the violations and explained that his father had 26

27 just passed away and that he left the home. At the hearing, Magistrate Quan revoked Defendant's

28 People v. Paul Christopher Manglona Camacho, CF0343-21 D&O Denying Defendant's Motion to Modify Conditions of Release on Electronic Monitoring and Oral Motion to Release Defendant on Electronic Monitoring Page 2 of 4 1 release on the EM program and committed Defendant to the custody of the Department of

2 Corrections, pending the posting of $3,000 CASH BAIL to secure his release. Min. Entry. at 3 11:30AM (Sept. 21, 2021). 4 On September 22, 2021, this Court heard Defendant's Motion. Based upon the record in 5 this case and further representation by the People that V.M. does not want contact, and further, 6 7 because the Defendant is confined pending posting of bail in the amount of $3,000.00, the Court

8 DENIES Defendant's Motion for limited contact with the V.M.

9 During the hearing on the Motion, Defendant, through counsel, moved orally for his 10 release, once again, on EM. Because Magistrate Quan considered Defendant's request to release 11 him on Electronic Monitoring less than twenty-four (24) hours prior to the instant oral request 12 and because the Defendant has not established any changed circumstances since Magistrate Quan 13

14 revoked his release on Electronic Monitoring, particularly in light of the three violations of the

15 Inclusion Zone rule, this Court DENIES Defendant's oral motion for his release on EM. 16 For the reasons set forth above, the Court hereby DENIES Defendant's Motion for 17 Limited Contact with the Alleged Victim and his oral motion for Release on Electronic 18 Monitoring. 19 II 20

21 II

22 II 23 II 24 II 25 II 26

27 II

28 People v. Paul Christopher Manglona Camacho, CF0343-21 D&O Denying Defendant's Motion to Modify Conditions of Release on Electronic Monitoring and Oral Motion to Release Defendant on Electronic Monitoring Page 3 of 4 1 CONCLUSION

2 DEFENDANT'S REASSERTION OF RIGHT TO SPEEDY TRIAL: Because the 3 Defendant has reasserted his right to speedy trial as of September 22, 2021, the Court will vacate 4 the Amended Criminal Trial Scheduling Order (Sept. 10, 2021), issued after Defendant filed a 5 waiver on August 13, 2021, and concurrent with this Decision and Order, shall issue new trial 6

7 dates consistent with his statutory right to speedy trial.'

8 SO ORDERED this _ _S_E_P-=-2=--2=-=20=-=21_ _ _ __

~ 9 10 HONORABLE MARIA T. CENZON 11 JUDGE, SUPERIOR COURT OF GUAM 12

14 SERVICE VIA E-MAIL I acknowledge that an electronic 15 copy of the original was e-mailed to: 1/;, tPJC 16

17 Date:q·~J·~/ Time: *=tfp,.. ~ 18 Deputy Clerk, Superior Court of Guam

22 23

24 1 25 On July 26, 2021, Defendant asserted his right to Speedy trial pursuant to 8 GCA § 80.60 and the 6th Amendment. The Court issued trial dates consistent with the assertion. On August 13, 2021, Defendant waived his right to speedy 26 trial. At the hearing on September 22, 2021, Defendant reasserted his statutory right to speedy trial. Because the Defendant is detained, the Court must bring Defendant to trial within the time remaining following his assertion, 27 tolling following his waiver, and reassertion, or 27 days from September 22, 2021.

28 People v. Paul Christopher Manglona Camacho, CF0343-21 D&O Denying Defendant's Motion to Modify Conditions of Release on Electronic Monitoring and Oral Motion to Release Defendant on Electronic Monitoring Page 4 of 4