People v. Cruz

Opinion

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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

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

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of Guam