People v. Cruz

Opinion

1 me Jug=g -| P Q. 22 2

4 IN THE SUPERIOR COURT oF -mal!s

5 PEOPLE OF GUAM, Criminal Case No. CF0563-22 6 GPD R6poI't Nos. 22-22669 / 22-22688 v. 7

8 MALCOLM VERNON CRUZ, DECISION AND ORDER DOB: 03/22/1981 GRANTING PEOPLE'S MOTION 9 TO ADMIT RULE 413 EVIDENCE Defendant. 10

11 INTRODUCTION 12 This matter came before the Honorable Alberto C. Lamorena, III on May 16, 2023 for hearing

13 on the People of Guam's ("the People's") Motion to Admit Rule 413 Evidence ("Motion"). Assistant

14 Attorney General Christine Tenorio represents the People, and Attorney Terrance Timblin represents

15 Defendant. Having duly considered the parties' briefs, oral arguments, and the applicable law, the

16 Court now issues the following Decision and Order and GRANTS the People's Motion.

17 BACKGROUND

18 Defendant stands indicted on First Degree Criminal Sexual Conduct (as a let Degree Felony),

19 two counts of Second Degree Criminal Sexual Conduct (as a let Degree Felony), and Fourth Degree

20 Criminal Sexual Conduct (as a 3'd Degree Felony). See Indictment (Sep. 15, 2022). The alleged

21 conduct involves fellatio and touching of the primary genital areas of two young male minors.

22 On April 3, 2023, the People filed their Motion to Admit Rule 413 Evidence. The People ask

23 to admit eVidence of Defendant's prior convictions in CFOl24-02, where Defendant was convicted

24 of Second Degree Criminal Sexual Conduct (as a let Degree Felony) and Third Degree Criminal

25 Sexual Conduct (as a 2nd Degree Felony). See Motion at l (Apr. 3, 2023). Those convictions involve

26 fellatio and sexual penetration with two young male minors. See CFOl24-02 Judgment (Dec. 12,

27 2003).

28 Defendant does not oppose the People's Motion. See Court Minutes (May 16, 2023).

Decision and Order Granting People's Motion to Admit Rule 413 Evidence CF0563-22,People of Guam v. Malcolm Vernon Cruz Page 1 o f f 1 The Court held a hearing on May 16, 2023. After hearing the arguments of the parties, the

2 Court took the matter under advisement.

3 DISCUSSION 4 1. Relevant Rules :

5 Generally speaking, "evidence of other crimes, wrongs, or acts is not admissible to

6 prove the character of a person in order to show that he acted in conformity therewith." See

7 GRE Rule 404(b).

8 However, GRE Rule 413 creates a superseding exception to Rule 404(b). Under GRE

9 Rule 413:

10 In a criminal case in which the defendant is accused of an offense of criminal sexual conduct, evidence of the defendant's commission of another offense or 11 offenses of criminal sexual conduct is admissible, and may be considered for its bearing on any matter to which it is relevant. 12

13 See GRE Rule 413(a). Evidence admitted under GRE Rule 413 may be used "to infer the

14 defendant's propensity to commit the charged acts." SeePeople v. Alert, 2019 Guam 3 1]23 15 (internal citations omitted) . 16 All evidence is subject to the balancing test under GRE Rule 403 before it may be 17 admitted. Under GRE Rule 403, "although relevant, evidence may be excluded if its probative 18

19 value is substantially outweighed by the danger funfair prejudice, confusion of the issues, or

20 misleading the jury, or by considerations of undue delay, waste of time, or needless

21 presentation of cumulative evidence." See GRE Rule 403 . 22 11. Application : 23 Here, the Defendant's prior convictions in CFOl24-02 qualify as evidence of 24 Defendant's commission of other offenses of criminal sexual conduct. See GRE Rule 25 4l3(d)(I). Therefore, they may be admitted to infer Defendant's propensity to commit the 26 currently charged acts subj act to GRE Rule 403 's balancing test. 27 Here, the probative value of such evidence is extremely high. The convictions in 28 CFOl24-02 involve similarly aged minors of the same gender as the current alleged victims.

Decision and Order Granting People's Motion to Admit Rule 413 Evidence CF0563-22,People of Guam v. Malcolm Vernon Cruz Page 2 off 1 This shows that Defendant has the capability of committing similar sex crimes against young

2 victims. The prior convictions also involve conduct not long before when the currently alleged

3 abuse started. Because the probative value of such evidence is so high, it is not substantially

4 outweighed by any danger of unfair prejudice, confusion of the issues, or any other factors

5 listed in GRE Rule 403 .

6 CONCLUSION

7 For the reasons stated above, the Court GRANTS the People's Motion. Evidence of

8 Defendant's prior convictions in CF0124-02 may be admitted in order to show Defendant's

9 propensity to commit the currently charged acts.

11 IT IS SO ORDERED this May 22, 2023 12 13

15 HONORABLE ALBERTO c. LAMORENA, III Presiding Judge, Superior Court of Guam 16

Decision and Order Granting People's Motion to Admit Rule 413 Evidence CF0563-22,People of Guam v. Malcolm Vernon Cruz Page 3 off