F ILED .. CLERK CLERf{ OF OF COURT 1
2 20211 NOV 202~ NOV -8-8 PM PH l12 ~: 22?
3 SUPERIOR COURT COURT OF GUAM 531 OFGUAf1,4~ 4
5 IN THE SUPERIOR COURT COURT OF OF GUAM GUAM 6 THE PEOPLE OF OF GUAM GUAM 7
Plaintiff, Case No. CF0647-24 88
9 vs. DECISION AND ORDER ON MOTIONS 110 0 INLIMINE LIMINE DUANE MANUEL CRUZ 11 Defendants. 12
14 INTRODUCTION
15 This This matter matter came before the came before the Honorable Honorable John John C. Terlaje on on November November 5, 5, 2024, for the
16 Jury Trial of ofDuane Duane Cruz Manuel. Manuel. The The Court Court addressed People'sNotice addressed People's Notice and andMotion Motion in in Limine Limine
17 to Admit Admit Evidence Evidence Under Rule Rule 413 and andPeople's People's Second SecondNotice Notice and andMotion Motionin in Limine Limine to to Admit Admit 18 Evidence Evidence Under Under Rule Rule 413. Public Defender 413. Public Defender Attorney William WilliamBischoff Bischoffappeared appeared for for Defendant Defendant 19 Duane Duane Manuel Cruz Cruz and and Assistant Assistant Attorney Attorney General General Grant Grant Olan Olan appeared for the appeared for the People People of 20 Guam ("People"). In Inaccordance accordance with with its its ruling rulingfrom fromthe thebench bench on on November 5,2024, 2024, the Court 21 now now issues thefollowing issues the following order orderGRANTING GRANTING the the People's People's Motion Motionin inLimine Limineand and the the People's 22 Second Motion MotioninLimine. Limine. 23
Decision Decision and and 26 Ordcr Order on Motions in Limine 27 CF0647-24,People People of Guam v. a/Guam v. DuaneManuel Manuel Cruz Page1of Page 1 of 5 1 1 PROCEDURE 2 On October 17, 2024,the 17, 2024, thePeople People filed filed its Motion in in Limine Limine regarding regarding Guam Rules Rules of 3 4 Evidence ("GRE") 413. Evidence ("GRE") 413. People's People's Mot. Mot. in in Lim. Lim. No Noopposition opposition was was filed filed by by the the Defense. Defense. 4 5 Additionally, Additionally, on October 31, 2024, October 31, 2024,the the People People filed filed its Second Motion in Lirnine Second Motion to Admit Limine to 5
6 6 Evidence Under Rule 413. 413. People's Second Mot. in in Lim. Lim. The The Court Court reviewed reviewedthe the motions motions and and
7 applicable law and and ruled from the bench on November November 5, 5, 2024.
8 RULINGS
9 The Court now addresses addresses each eachMotion Motion in Limine in in turn. turn. 10 I. People's People's Motion Motion in in Limine Limine to to Admit Admit Evidence Evidence Under Under Rule Rule 413 413 11 11 The Court GRANTS GRANTS the thePeople's People'sMotion Motiontotoadmit admitevidence evidencepursuant pursuant to to Rule Rule 413 413 of the 12 12 The People GRE. The People have have moved movedtotobe beable abletotointroduce introduce evidence evidence ofofthe theDefendant's Defendant's previous previous 13 13 Second Degree Second DegreeCriminal Criminal Sexual SexualConduct Conductconviction conviction in CF242-14. CF242-14. In Chine!, In Chined,the Guam Supreme 14 14 Court used used a three-factor test to three-factor test to determine determine whether whether a prior offense offense or conduct conduct is is admissible. admissible. 15 15 16 Chined, Chine!, 2013 24,r1[21. Guam 24 2013 Guam 21,This Thistest testincludes includes I) 1) the the present case case must mustinclude include criminal criminal sexual 16
17 17 conduct charges,2) conduct charges, 2) the the evidence evidence proffered must be be evidence of of the the defendant's defendant's commission of
18 18 another past past act act of of sexual assault, and 3) assault, and 3) the the past act must mustbe berelevant. relevant. This This Court Court has has found that
19 19 both the current current and andprevious previouscases casesare arecriminal criminal sexual sexualconduct conductcharges, charges,the theevidence evidenceproffered proffered
20 20 includes a plea agreement and andjudgment judgment of of a prior prior act act of ofsexual sexual assault. assault. Furthermore, the Court 21 finds this act is relevant as it is a similar type of ofcharge charge in in aa criminal criminal sexual sexual conduct conduct case. 22 The Court Court has also considered a balancing test as required under LinderGuam GuamRule Ruleof ofEvidence Evidence 23 403 403 to determine determine if the the probative value of ofthe the 413 413 evidence evidence is is not not substantially substantially outweighed by 24 unfair prejudice prejudice to a defendant, using the defendant, using the framework provided in United United States States v. Leman, Lemay, 260 25 Decision and Decision and 26 Order on Motions Motions in Limine Liming 27 People of CF0647-24, People a/Guam Guam v. Duane Manuel Manuel Cruz Page 2 of 5 Page 11 F.3d 1018. 1026-27 (9th Cir. 2001). Wezen, Wesen, 2022 Guam Guam 18 ~ 47. Under Lemmy, 18 1147. Lemay, the trial court 2 should consider, consider, but but is not limited limited to: to: 1) 1) the similarity similarity of ofthe the prior prior acts to the acts charged, 2) the 3 4 closeness in time of of the the prior prior acts acts to the acts charged, 3) the frequency of of the the prior prior acts, 4) the 4 5 presence or lack of intervening circumstances, circumstances, and and 5) the the necessity necessity of of the the evidence evidence beyond the 5
66 testimonies already offered at at trial. Chine/, 2013 Guam trial. Chanel, Guam 24 ~ 36. 24 1] 36. The The Court finds that the prior
7 acts as as charged charged in CF242-14 are are similar in nature to the charges in the present case, there are no
8 intervening circumstances circumstances the the Court Court is is aware aware of, of, and and the the evidence is necessary beyond other
99 testimony at trial. trial. Although these events occurred approximately approximately nine years years apart and there is 10 . 4 . . . . only evidence only evidence of ofone one poor prioract, act, the the law does does not specify specify aa deadline or frequency at which which evidence evidence
11 type cannot of this type cannot be be brought brought in. in. Therefore, Therefore, this this Court Court finds, finds, under the the balancing balancing test, test, the 12 12 probative value of the 413 evidence is probative value is not not substantially substantially outweighed by unfair unfair prejudice to a 13 13 Defendant, and may be admitted under Rule 413. 14 14 II. II.People's People's Second Second Motion in Liming Limine to to Admit AdmitEvidence Evidence Under Rule Rule 413 413 15 15
the People's The Court GRANTS the People's Second Second Motion Motion to to admit admit evidence evidence pursuant pursuant to Rule 16 16
17 17 413 of the GRE regarding testimony from the victim in this showing that Defendant Duane Cruz
18 18 engaged in engaged in unwanted unwanted sex sex with with the the minor minor victim victim Eve five or or six times in addition to one of six times of the charged
19 incidents. Applying Applying the the same same three-factor three-factor test test as as above, above, the the Court Court has found that the present case
20 20 does include criminal sexual conduct charges, that the evidence proffered regarding the other 21 instances of unwanted unwanted sex with with the the minor minor is is evidence evidence of the the defendant's defendant's commission of another commission of 22 . act of sexual assault, of sexual assault, and and that that these these acts acts are are relevant relevant as as they they involve involve the the same same type type of act act 23 involving the same Defendant and the same victim. 24
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F ILED .. CLERK CLERf{ OF OF COURT 1
2 20211 NOV 202~ NOV -8-8 PM PH l12 ~: 22?
3 SUPERIOR COURT COURT OF GUAM 531 OFGUAf1,4~ 4
5 IN THE SUPERIOR COURT COURT OF OF GUAM GUAM 6 THE PEOPLE OF OF GUAM GUAM 7
Plaintiff, Case No. CF0647-24 88
9 vs. DECISION AND ORDER ON MOTIONS 110 0 INLIMINE LIMINE DUANE MANUEL CRUZ 11 Defendants. 12
14 INTRODUCTION
15 This This matter matter came before the came before the Honorable Honorable John John C. Terlaje on on November November 5, 5, 2024, for the
16 Jury Trial of ofDuane Duane Cruz Manuel. Manuel. The The Court Court addressed People'sNotice addressed People's Notice and andMotion Motion in in Limine Limine
17 to Admit Admit Evidence Evidence Under Rule Rule 413 and andPeople's People's Second SecondNotice Notice and andMotion Motionin in Limine Limine to to Admit Admit 18 Evidence Evidence Under Under Rule Rule 413. Public Defender 413. Public Defender Attorney William WilliamBischoff Bischoffappeared appeared for for Defendant Defendant 19 Duane Duane Manuel Cruz Cruz and and Assistant Assistant Attorney Attorney General General Grant Grant Olan Olan appeared for the appeared for the People People of 20 Guam ("People"). In Inaccordance accordance with with its its ruling rulingfrom fromthe thebench bench on on November 5,2024, 2024, the Court 21 now now issues thefollowing issues the following order orderGRANTING GRANTING the the People's People's Motion Motionin inLimine Limineand and the the People's 22 Second Motion MotioninLimine. Limine. 23
Decision Decision and and 26 Ordcr Order on Motions in Limine 27 CF0647-24,People People of Guam v. a/Guam v. DuaneManuel Manuel Cruz Page1of Page 1 of 5 1 1 PROCEDURE 2 On October 17, 2024,the 17, 2024, thePeople People filed filed its Motion in in Limine Limine regarding regarding Guam Rules Rules of 3 4 Evidence ("GRE") 413. Evidence ("GRE") 413. People's People's Mot. Mot. in in Lim. Lim. No Noopposition opposition was was filed filed by by the the Defense. Defense. 4 5 Additionally, Additionally, on October 31, 2024, October 31, 2024,the the People People filed filed its Second Motion in Lirnine Second Motion to Admit Limine to 5
6 6 Evidence Under Rule 413. 413. People's Second Mot. in in Lim. Lim. The The Court Court reviewed reviewedthe the motions motions and and
7 applicable law and and ruled from the bench on November November 5, 5, 2024.
8 RULINGS
9 The Court now addresses addresses each eachMotion Motion in Limine in in turn. turn. 10 I. People's People's Motion Motion in in Limine Limine to to Admit Admit Evidence Evidence Under Under Rule Rule 413 413 11 11 The Court GRANTS GRANTS the thePeople's People'sMotion Motiontotoadmit admitevidence evidencepursuant pursuant to to Rule Rule 413 413 of the 12 12 The People GRE. The People have have moved movedtotobe beable abletotointroduce introduce evidence evidence ofofthe theDefendant's Defendant's previous previous 13 13 Second Degree Second DegreeCriminal Criminal Sexual SexualConduct Conductconviction conviction in CF242-14. CF242-14. In Chine!, In Chined,the Guam Supreme 14 14 Court used used a three-factor test to three-factor test to determine determine whether whether a prior offense offense or conduct conduct is is admissible. admissible. 15 15 16 Chined, Chine!, 2013 24,r1[21. Guam 24 2013 Guam 21,This Thistest testincludes includes I) 1) the the present case case must mustinclude include criminal criminal sexual 16
17 17 conduct charges,2) conduct charges, 2) the the evidence evidence proffered must be be evidence of of the the defendant's defendant's commission of
18 18 another past past act act of of sexual assault, and 3) assault, and 3) the the past act must mustbe berelevant. relevant. This This Court Court has has found that
19 19 both the current current and andprevious previouscases casesare arecriminal criminal sexual sexualconduct conductcharges, charges,the theevidence evidenceproffered proffered
20 20 includes a plea agreement and andjudgment judgment of of a prior prior act act of ofsexual sexual assault. assault. Furthermore, the Court 21 finds this act is relevant as it is a similar type of ofcharge charge in in aa criminal criminal sexual sexual conduct conduct case. 22 The Court Court has also considered a balancing test as required under LinderGuam GuamRule Ruleof ofEvidence Evidence 23 403 403 to determine determine if the the probative value of ofthe the 413 413 evidence evidence is is not not substantially substantially outweighed by 24 unfair prejudice prejudice to a defendant, using the defendant, using the framework provided in United United States States v. Leman, Lemay, 260 25 Decision and Decision and 26 Order on Motions Motions in Limine Liming 27 People of CF0647-24, People a/Guam Guam v. Duane Manuel Manuel Cruz Page 2 of 5 Page 11 F.3d 1018. 1026-27 (9th Cir. 2001). Wezen, Wesen, 2022 Guam Guam 18 ~ 47. Under Lemmy, 18 1147. Lemay, the trial court 2 should consider, consider, but but is not limited limited to: to: 1) 1) the similarity similarity of ofthe the prior prior acts to the acts charged, 2) the 3 4 closeness in time of of the the prior prior acts acts to the acts charged, 3) the frequency of of the the prior prior acts, 4) the 4 5 presence or lack of intervening circumstances, circumstances, and and 5) the the necessity necessity of of the the evidence evidence beyond the 5
66 testimonies already offered at at trial. Chine/, 2013 Guam trial. Chanel, Guam 24 ~ 36. 24 1] 36. The The Court finds that the prior
7 acts as as charged charged in CF242-14 are are similar in nature to the charges in the present case, there are no
8 intervening circumstances circumstances the the Court Court is is aware aware of, of, and and the the evidence is necessary beyond other
99 testimony at trial. trial. Although these events occurred approximately approximately nine years years apart and there is 10 . 4 . . . . only evidence only evidence of ofone one poor prioract, act, the the law does does not specify specify aa deadline or frequency at which which evidence evidence
11 type cannot of this type cannot be be brought brought in. in. Therefore, Therefore, this this Court Court finds, finds, under the the balancing balancing test, test, the 12 12 probative value of the 413 evidence is probative value is not not substantially substantially outweighed by unfair unfair prejudice to a 13 13 Defendant, and may be admitted under Rule 413. 14 14 II. II.People's People's Second Second Motion in Liming Limine to to Admit AdmitEvidence Evidence Under Rule Rule 413 413 15 15
the People's The Court GRANTS the People's Second Second Motion Motion to to admit admit evidence evidence pursuant pursuant to Rule 16 16
17 17 413 of the GRE regarding testimony from the victim in this showing that Defendant Duane Cruz
18 18 engaged in engaged in unwanted unwanted sex sex with with the the minor minor victim victim Eve five or or six times in addition to one of six times of the charged
19 incidents. Applying Applying the the same same three-factor three-factor test test as as above, above, the the Court Court has found that the present case
20 20 does include criminal sexual conduct charges, that the evidence proffered regarding the other 21 instances of unwanted unwanted sex with with the the minor minor is is evidence evidence of the the defendant's defendant's commission of another commission of 22 . act of sexual assault, of sexual assault, and and that that these these acts acts are are relevant relevant as as they they involve involve the the same same type type of act act 23 involving the same Defendant and the same victim. 24
Decision and Decision and 26 Order on Motions in Limine 27 People of CF0647-24, People a/Guam Guam v.v. Duane Duane Manuel Cruz Cruz Page 33 of of 5 11 Using Using the the same same balancing balancing test test as as above above to to determine determine whether the probative value of the 2 413 evidence is substantially outweighed outweighed by by unfair unfair prejudice prejudice to to a Defendant, the Court finds that 3 4 it is not. The prior acts at issue are very similar to the acts acts charged as they are the same acts 4 involving the same victim. The The other other acts acts that that are are proposed proposed to be brought in occurred close in 5
66 time to the act act as as charged, charged, the the prior prior acts acts occurred occurred frequently, frequently, and there there are are no no intervening intervening
7 circumstances the Court is aware of. of. The The Court finds Ends that the the evidence evidence is is necessary necessary beyond beyond what
8 is being offered offered at trial as there trial as there is only one one witness witness in in the the present present case, case, and and there there are no
99 eyewitnesses to add to the victim's testimony. testimony. The The Court Court finds finds that that the results of of this balancing 10 . . . . . . test show that the the probative probative value value of of admitting evidence evidence of ofother otherinstances instances of ofsexual sexual abuse abuse against 11 11 the victim minor is is not not substantially substantially outweighed by unfair unfair prejudice prejudice to a Defendant, Defendant, and the 12 12 Court therefore Court therefore finds finds that that Ir it is admissible. 13 13 Rule 413(b) requires requires that infonnation information admissible under this rule be offered "at least 14 14 Eileen fifteen days before before the scheduled scheduled date of of trial or at such later time as the court may allow for 15 15 16 good cause." The Court agrees with the People that that good cause for this evidence exists because 16
17 17 it only came to light light since since the the matter matter was asserted, asserted, the the Prosecutor could not meet with the
18 victim victim until a few days before trial, and the Motion in Liming Limine to allow this evidence was filed
19 and defense counsel was informed immediately after after the information became available.
20 The Court also notes that, as informed by the Prosecutor, one of the relevant instances 21 of of unwanted sex with the minor occurred after the offense which is charged in this case. 22 However, the Court finds that this does not pose an issue to the admissibility of this evidence. 23 In People v.v. Wesen, Wezen, the Guam Supreme Court also indicated that conduct could be admissible 24
Decision Decision and and 26 Order on Motions Motions in Limine Liming 27 People of CF0647-24, People ofGuam Guam v.v. Duane Manuel Manuel Cruz Page 4 of 5 Page 1 1 under GRE 413 even even if if it is uncharged, and even even if if itit occurred after the charged conduct. See 2 2022 Guam Guam 18 ,r 18 1144. 3 CONCLUSION AND ORDER 4
For the above reasons, the Court GRANTS the People's People's Motion Motion in Liming Limine and the 5
6 People's Second People's Second Motion Motion in in Lirnine Limine and ORDERS both the evidence of of the Defendant's
77 previous Second Degree Criminal Sexual Conduct Conduct conviction in CF242-14 and the testimony
8 from the victim showing that Defendant Duane Cruz engaged in unwanted sex with the minor
9 victim five or six times in addition to one of the charged incidents to be admissible. 10 10
11 11
12 so SOORDERED, ORDERED, this this gIlk.i\ day of tJ day of /\)¢JU€n4b cg, 2024. cJlJetv1.b (,L, 2024.
13 13
14 14
15 15
16 16 HONOR HONO c. C. TERLAJE TERLAJE Judge, Superior\Qou of Guam 17 17
18 18
19 19 snvlce SmtVIC■vIA VIAI44IAIL II-MAIL 20 aclmowleqge the! an i1cknow1ec;rge that an sleclvolvt vi.ct,on,t Cony Co~ o'of 'he ft\e onguna' orig1na.1was Wil! e e mIIIed ma,1ec, Yo to
21 6, }'%d .(JG, fJ)SC
22 Da le / Tame.
23 /M 6 / : iw Deputy clerk Super-or Deputy clerk, Super,or Court Court of ot Guam Guam
Decision Decision and and 26 Order on on Motions Motions in in Limine Liming CF0647-24, People People of ofGuam Guam v. Duane Manuel Manuel Cruz 27 Page 5 of 5 Page