People v. Garrido

Opinion

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4 By! 5 IN THE SUPERIOR COURT OF GUAM

6 PEOPLE OF GUAM, Criminal Case No. CF0631-22 7 GPD Report No. 22-25818 v.

8 DECISION AND ORDER DEVON MIKALE ESCALERA GARRIDO, GRANTING DEFENDANT'S MOTION 9 DOB: 02/18/2000 TO EXTEND TIME TO FILE MOTIONS 10 AND OTHER DATES Defendant. IN TRIAL SCHEDULE ORDER 11 12 INTRODUCTION 13 This matter came before the Honorable Alberto C. Lamorena, III on March 15, 2023 for 14 hearing on Devon Mikale Escalera Ganido's ("Defendant's") Motion to Extend Time to File Motions 15 and Other Dates in Trial Scheduling Order ("Motion"). Assistant Attorney General Yusuke 16 Haffeman-Udagawa represents the People of Guam ("the People"), and Attorney William Brennan 17 represents Defendant. Having duly considered the parties' briefs, oral arguments, and the applicable 18 law, the Court now issues the following Decision and Order and GRANTS Defendant's Motion.

19 BACKGROUND 20 Defendant stands indicted on charges of Terrorizing (as a 3'd Degree Felony), Strangulation 21 (as a 3rd Degree Felony), and Family Violence (as a 3rd Degree Felony). Trial dates were set for 22 March 27, 2023, with a motion cutoff date on February 24, 2023. See C.R. l.l Form l Trial Schedule 23 Order (Nov. 22, 2022). 24 On February 24, 2023, Defendant filed his Motion to Extend Time to File Motions and Other 25 Dates in Trial Scheduling Order. Defendant requests extending the filing deadline for motions and 26 trial documents so that the parties can engage in meaningful plea negotiations. See Motion ate (Feb. 27 24, 2023). Defendant believes the extra time is justified because several pieces of exculpatory 28

Decision and Order Granting Defendant's Motion to Extend Time to File Motions and Other Dates in Trial Schedule Order CF0631-22, People of Guam v. Devon Mikale Escalera Garrido Page 1 off 1 information, such as the alleged victim's request to drop all charged against him, were only recently 2 revealed. at 2.

3 The Court held a hearing on March 15, 2023. Alter hearing the arguments of the parties, the 4 Court took the matter under advisement.

5 DISCUSSION 6 1. Legal Standard to Grant Continuance:

7 Under Guam law, "no continuance of trial shall be granted except upon affirmative 8 proof in open court, upon reasonable notice, that the ends of justice require a continuance."

9 See 8 G.C.A. § 80.50.

10 When analyzing requests for a continuance, Courts consider the following four critical 11 factors: (1) "the moving party's diligence in preparing for trial", (2) "the likely utility of a 12 continuance", (3) "the inconvenience to the court and the opposing party", and (4) "prejudice 13 resulting from a denial." See People v. Bias, 2016 Guam 19 1126 14 11. After evaluating the four factors adopted 'm Blas,Defendant's requested continuance is 15 required by "the ends of justice."

16 Considering Blas factor one, there is no indication that Defendant or his counsel have 17 not diligently prepared for the original trail date of March 27, 2023. As indicated in his 18 Motion, Defendant is requesting a continuance only because new exculpatory evidence was 19 revealed and not because Defendant had not readily prepared for the original scheduled trial 20 date. See Motion at 2 (Feb. 24, 2023).

21 Looking at Etas factor two, a continuance would likely serve utility because extra time I 22 would allow the parties to better analyze the exculpatory evidence against Defendant, and 23 hopefully negotiate a fair plea deal. Additional time is also in the alleged victim's best 24 interest, as she appears interested in resolving the matter without trial.

25 Looking at Blas factor three, granting the continuance would not inconvenience the 26 court, expected witnesses, or the People. A continuance would allow the Court to dedicate 27 resources to other asserted matters. The People have not presented any evidence that expected 28 witnesses are unable to testify at a later trial date. A continuance would also give the People

Decision and Order Granting Defendant's Motion to Extend Time to File Motions and Other Dates in Trial Schedule Order CF0631-22, People of Guam v. Devon Mikale Escalera Garrido Page 2 off 1 more time to analyze the evidence in this case and to negotiate a plea deal, while reducing the 2 chances this case advances all the way to a jury trial. 3 Considering Blas factor four, Defendant would also be prejudiced should his Motion 4 be denied. The revelation of exculpatory evidence should incentivize both the People and 5 Defendant to engage in meaningful plea negotiations. Rushing to trial next week would 6 hinder ongoing plea negotiations and harm Defendant's chance of negotiating a plea deal he 7 feels comfortable with. 8 CONCLUSION 9 For the reasons stated above, the Court GRANTS Defendant's Motion. 10 11 IT IS SO ORDERED this March 20, 2023.

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

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Decision and Order Granting Defendant's Motion to Extend Time to File Motions and Other Dates in Trial Schedule Order CF0631-22,People of Guam v. Devon Mikale Escalera Garrido Page 3 off