People v. Cruz

Opinion

5:vu s-- pl ; s 545 LI at; 15U'

2% 2115I*éGy NOV !HE 4 FF? to 00 PM 12: 00

Ggr §=-1

IN THE SUPERIOR COURT COURT OF OF GUAM GUAM

PEOPLE OF OF GUAM, GUAM, CRIMINAL CRIMINALCASE CASENO.: NO.:CF0650-24 CF0650-24

vs. DECISION AND ORDER DECISION ERIC ERJC MATTHEW CRUZ, RE: PEOPLE'S MOTION RE: MOTION TO RECONSIDER RECONSIDER Defendant.

INTRODUCTION

This matter came before the Honorable John matter came C. Terlaje on John C. on September September 30, 30, 2025, 2025, for aa

Motion Motion Hearing regarding the Hearing regarding thePeople Peopleof of Guam's Guam's ("People's") ("People's") Motion Motion to to Reconsider. Reconsider. Attorney Attorney

General Christine S. S. Tenorio represented representedthe thePeople. People.Attorney Attorney Brycen Breazeale of the Alternate

Public Defenders representedDefendant Defenders represented DefendantEric EricMatthew MatthewCruz. Cnlz.The The People People filed Bled the the Motion to

Reconsider 25, 2025. Reconsider on August 25, 2025. Defendant Defendant Cruz Cruz filed his his Response to the Response to the People's People's Motion Motion to

Reconsider Reconsider on August 28, 2025. 2025. After After reviewing reviewingthe the Motion, Motion,the thepleadings pleadingson onthe the record, record, and and the

relevant relevant law, the Court Court now issues this DECISION and ORDER GRANTING the People's now issues People's

Motion Motion to Reconsider. Reconsider. BACKGROUND

The The People obtained obtained aaSuperseding SupersedingIndictment Indictment in this case onAugust case on August 14, 14,2025. 2025.This Thisindictment indictment

added count of First added a count First Degree Degree Criminal CriminalSexual Sexual Conduct Conduct and and three three counts counts of ofSecond Second Degree Degree

Criminal CriminalSexual Sexual Conduct Conduct involving involvingan an additional additionalalleged alleged victim, victim,C.C., C.C.,whose whose allegations allegations occurred

several yearsbefore several years beforethe thefirst firstalleged allegedvictim's, victim's, B.C.'s, allegations. Defendant Cruz allegations. Defendant Cruz filed Bled aa Motion Motion CF0366-21 DECISION AND ORDER RE: DEFENDANT TAITANO'S MOTION MOTION TO SEVER Page 2

Indictment on to Sever Charges based on this Superseding Indictment on August August 15, 15, 2025. The People filed their

opposition opposition to the Motion Motion to Sever Sever Charges on on August August 22, 22, 2025. Defendant Defendant Cruz Cruz filed aa reply brief brief

on August August 21, 2025. 2025. The Court Court issued its Decision and Order regarding regarding the Motion to Sever Sever

Charges on August 22, 2025 without a motion hearing on the matter.

additional information The People gave additional information in in both both the the Motion to Reconsider and the motion

hearing that was not before the Court at the the time the Decision and Order was filed on August 22,

2025. C.C., C.C., the the additional additional alleged alleged victim victim added to the Superseding Indictment, was a sibling of of

B.C., the alleged victim listed in the original indictment. People's Mot. Recons. B.C., the Recons. at 2 (Aug. 25,

2025). The People contended that the age gap between the 2025). the two two alleged alleged occurrences is relevant occurrences is relevant

because of the the familial familial connection connection between between the two alleged victims. victims. Id. Id

LAW AND DISCUSSION

Under the Under he LLocal Rules oc a l R u les of tthe he SSuperior u p er ior C ourt Guam r t of G u a m CCR R 11.l(d), motion . 1 ( d) , a mot ion ffor or

reconsideration renews reconsideration renews aa motion previously previously brought. brought. CR CR 1.1 states that 1.l(d) states that "[a] "[a] motion motion may be

...a amanifest renewed only on the grounds of ... manifestshowing showingofofa afailure failuretotoconsider considermaterial material facts facts

presented to the the Court Court before before such suchdecision ... " Under decision..." Under Guam Guam law, law, two or or more offenses "may be

charged indictment ififthe offenses charged in the same indictment offenses charged chargedare are of ofthe the same same or or similar similar character character or based

the same on the same act act or or transaction transaction or on two two or or more moreacts acts orortransactions transactions connected connected together together or

constituting constituting parts of aa common parts of common scheme schemeororplan." plan."88G.C.A. G.C.A. §§55.35(a) 55.35(a) (1976). (1976).

reconsider is Here, a motion to reconsider is appropriate appropriate because the Court failed to consider the fact fact

that the the alleged victims were related. The Court made its its Decision and Order Order before before the the parties parties

could appear before the Court in a motion hearing. The People stated stated that had there been such a

motion hearing, the People would have presented presented the relation relation between the two alleged alleged victims. victims.

(Sept. 30, Mot. Recons. Hr'g (Sept. 30, 2025). The People stated stated that this fact fact was not included in their their CF0366-21 CF0366-21 DECISION AND ORDER RE: RE: DEFENDANT TAITANO'S MOTION MOTION TO SEVER Page3 Page

Opposition to Defendant's Motion to Defendant's Motion to Sever Sever Charges Charges because because of of a concern for keeping the alleged

anonymous. Id victims anonymous. Id.;, People's People's Mot. Mot. Recons. Recons. atat 2. 2. Thus, Thus, the Court, by failing to have a motion

hearing, failed to consider the material fact that that the the alleged alleged victims victims in the the Superseding Indictment

were related.

The fact that the the two alleged victims were related related is material to the Court's Court's analysis. analysis. The

Court decided to sever charges because the "probative value of of the allegations allegations made by C.C. C.C. is

substantially outweighed by the danger danger of of unfair unfair prejudice for the Defendant." Dec. & Order Order at at 4

(Aug. 22, 2025). The Court now considers considers the the fact fact that that.the .the two two alleged alleged victims victims were siblings and

that the gap in the the alleged occurrences is due to the age gap between the siblings. This fact makes

the crimes so closely related as to be the the same scheme or or plan. Thus, the Court's balancing test in

the previous Decision Decision and and Order Order is is inaccurate. The allegations made made by by C.C. C.C. are are not substantially

the danger outweighed by the danger of of unfair unfair prejudice prejudice to to the the Defendant Defendant because because C.C.'s C.C. 's allegations allegations are are

closely related closely related to allegations. Thus, to B.C.'s allegations. Thus, the the relationship between the relationship between the alleged alleged victims victims is aa

material fact.

CONCLUSION AND CONCLUSION AND OR.DER ORDER Based on the foregoing, the Court GRANTS the People's Motion to Reconsider.

SO !/Ir-+-[11+ so ORDERED _ _ , ±....______.___ ...... 20,. ; ; . ; . a s. 2025. 9

I

HON.(JO.I'IN c. T JAJE Judge Superior (Zourt of Guam SIRWGE Sl!RVICI! VIA VIA e-MAIL l!-MAIL . acknowledge the! ar ac 11no ..v1edge that af'I electrons; electron1t Com ( op-,av ofthe o"g1,..a• was fheOr\g\f\a= wase ematted mailed to

/JG, 451 //pD llf"D

Date n/w/H Fume. 17=//t /415 (AMp 0-\ Deputy put clerk ,. Supeuur Super•or Lour! C.oun aV of Guam