People v. Felder

Opinion

kr^r Lffivnt,l Flr trn J sup;nlc-,ii,ilo, ,*--u'| rl f)i r:', '' ,.''s I IN THE SIIPERIOR COI-IRT OF GUAM 2 ?fiP J{Jl t6 i f0, 0d J

A PEOPLE OF GUAM CRIMINAL CAgb*'6 n\/ 11r' Ii ffiONI 5 vs. DECISION AND ORDER 6

DOMINICK LAMAR FELDER 7 Defendant. 8

9 This matter came on regularly for hearing on July 14,2009, before the HONORABLE 10 ELIZABETH BARRETT-ANDERSON on Defendant,s Motion for Modification of Bail 1l Conditions. Defendant was present and represented by Attorney Jeffrey Moots. Assistant 12 Attorney General Sally Tobin appeared in opposition. 13

Defendant was originally indicted on February 21,2008 with First Degree Criminal l4 Sexual Conduct involving a minor under the age of fourteen (1a). He was re-indicted by i5 Superceding Indictment on January 6,2009 with the same offense. Bail was set at One Hundred l6 Thousand Dollars ($100,000.00). Defendant's father-in-law has offered to deed his home to the t7 court as security in lieu of cash. Current equity in the home is insufficient to secure the full l8 amount set for bail based on an exiting mortgage on the property. 19 The Court ruled from the bench that despite statutory authorization in 8 G.C.A. 20 $40.20 there are no current policies or procedures established that set forth the administrative 2l mechanism by which the court may accept real property to secure bail, although the court has 22 historically done so on criminal cases based on the discretion of the assigned judge. In the 23 instant case the equity is insufficient based on existing liens, and the property does not belong to z+ the Defendant. The charges are serious, and there is no certainty that the posting of real property 25 by Defendant's father-in-law will assure his appearance. 26 The Court further denies release on the grounds that the Court finds the Defendant a 2'7 danger to the community. This is the second time Defendant has been charged with the offense 28 of criminal sexual conduct involving a minor child. The Defendant was arrested. tried. and acquitted in CF 2g1-03 of 3'd and 4'h degtee CSC. The Defendant was also previously I arrested

The 2 and charged with aggravated assault in CF 472-03. The charge was subsequently dismissed.

3 ultimate resolution of these cases does not lessen the Court's concern and caution for the safety

of the victim and the community. Based on the Defendant's prior criminal record of arrests A and

a minor, and 5 charges, the serious nature of current criminal sexual conduct allegations involving

6 the potential danger to the victim and the community in general, provides gtounds for the Court

7 to deny Defendant's motion. 8

9 IT IS SO ORDERED this 16'n day of July 2009. 10

IJ

14 Judge, Superior Court of Guam 15

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1'7

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28 )14R FILED SUPTRIC,? CCURI fjlf: f-\r .- - l;"'l:/l '1

I IN THE SUPEzuOR COURT OF GUAM 2 ?tr9 JUt f d filt I0: 06 3

cRTMTNAL cA$ifii Ef rqqUnr 4 PEOPLE OF GUAM BY- 5 VS. DECISION AND ORDER 6

DOMINICK LAMAR FELDER '7 Defendant. 8

U

This matter came on regularly for hearing on July 14,2009, before the HONORABLE 10 ELIZABETH BARRETT-ANDERSON on Defendant's Motion for Modification of Bail 11 Conditions. Defendant was present and represented by Attorney Jeffrey Moots. Assistant l2 Attorney General Sally Tobin appeared in opposition. 13 Defendant was originally indicted on February 2I,2008 with First Degree Criminal 1A

Sexual Conduct involving a minor under the age of fourteen (1a). He was re-indicted by 15 Superceding lndictment on January 6,2009 with the same offense. Bail was set at One Hundred 16 Thousand Dollars ($100,000.00). Defendant's father-in-law has offered to deed his home to the l7 court as security in lieu of cash. Current equity in the home is insufficient to secure the fulI 18 amount set for bail based on an exiting mortgage on the property. 19 The Court ruled from the bench that despite statutory authorization in 8 G.C.A. $40.20 20 there are no current policies or procedures established that set forth the administrative 2l mechanism by which the court may accept real property to secure bail, althouglr the court has 22 historically done so on criminal cases based on the discretion of the assigned judge. ln the 23 instant case the equity is insufficient based on existing liens, and the property does not belong to 1A

the Defendant. The charges are serious, and there is no certainty that the posting of real property 25 by Defendant's father-in-law will assure his appearance. zt) The Court further denies release on the grounds that the Court finds the Defendant a 2'7 danger to the community. This is the second time Defendant has been charged with the offense 28 of criminal sexual conduct involvine a minor child. The Defendant was arrested, tried, and I acquitted in CF 281-03 of 3'd and 4th degree CSC. The Defendant was also previously arrested 2 and charged with aggravated assault in CF 472-03. The charge was subsequently dismissed. The 3 ultimate resolution of these cases does not lessen the Court's concern and caution for the safety 4 of the victim and the community. Based on the Defendant's prior criminal record of arrests and 5 charges, the serious nature of current criminal sexual conduct allegations involving a minor, and

6 the potential danger to the victim and the community in general, provides grounds for the Court

9 IT IS SO ORDERED this i6'h day of July 2009. 10

ll t2

14 HONORABLE E TH ARRETT-ANDERSON Judge, Superior Court of Guam 15

I7

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