People v. Latsnic

Opinion

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4 IN THE SUPERIOR SUPERIOR COURT OF GUAM

5

6 THE PEOPLE OF OF GUAM

GUAM

7 Plaintiff;

Plaintiff, Case No. CF0373 CF0373-24

8 vs.

AMENDED DECISION

DECISION AND

ANDORDER

ORDERON

on

99 RICHARD ALLYN LATSNIC MOTION IN LIMINE

10 Defendants.

11 11

12

13 INTRODUCTION INTRODUCTION

14 This matter came before the Honorable John C. Terlaje on January 8, 2025, 2025, for

for the Jury

15 15 Trial of Richard Allyn Allyn Latsmc.

Latsnic. The

The Court

Court addressed People's Notice and Motion in Limine Limine to

16 16 A dm it E v idence Under R u le 4413.

1 3 . PPublic

u blic D efender Attorney Defender t t or ney William illia m Bischoff

Bischoff aappeared

ppea r ed for

for

17 Defendant Defendant Richard Allyn Allyn Latsnic

Latsnic and

and Assistant

Assistant Attorney

Attorney General

General Christine

Christine Tenorio appeared appeared for

18 the People of Guam ("People").

("People"). In

In accordance

accordance with

with its

its ruling

ruling from

from the

the bench,

bench, the

the Court

Court now

19 19 issues the following order GR ANTING the People's Motion in Limine.

GRANTING

20 PROCEDURE

21 On January 77, 22025,

0 the

the PPeople

eople filed

filed its

its M Otion in

Motion in Limine regarding ding Guam Rules of

of

22

23 Evidence ("GRE")

("GR E") 413.

3 . People's Mot. in Lim. No No opposition

opposition was filed by the the Defense.

Defense. The

24 Court reviewed the motions and applicable law law and

and ruled

ruled from the bench on January 8, 2025.

25 Amended Amended Decision

Decision and

26 Order on Motion in in Limine Limine

27 27 CF0373-24, People PeopleofofGuam

Guamv.v. Richard

RichardAllyn

Allyn Latsnic

Page 1 of

of3

RULINGS

2 I. People's People'sMotion

Motion'alinLimine

Limineto

toAdmit

AdmitEvidence

Evidence Under

UnderRule

Rule 413

413

3 The Court GRANTS the People's People's Motion

Motiontotoadmit

admitevidence

evidencepursuant

pursuant to Rule 413

413 of the

4

5 GRE. The The People

Peoplehave

havemoved

movedto

to allow

allowthe

thevictim

victimtototestify

testifyregarding

regardingother

othersex

sexacts

acts that

that occurred

5

6 6 during the charged time period, but which which are

are not charged

charged against the defendant in this case.

case. In

77 Chined, Chine!, the Guam Supreme Supreme Court

Courtused

usedaathree-factor

three-factortest

testto

to determine

determine whether

whetheraaprior

prior offense

offense

8 or conduct is admissible.

admissible. Chined,2013

Chine!, Guam 24 ,r

1121. Thistest

21. This testincludes

includes 1) the present case must

9 9 include criminal sexual include criminal sexual conduct conductcharges,

charges,2)2)the

the evidence

evidence proffered

proffered must

mustbe

be evidence

evidence of the

the

10 10 defendant's commission commission of

ofanother

another past act of

of sexual

sexual assault,and

assault, 3) the past act must mustbe

berelevant.

relevant.

11 11 This Court Court has

has found that

that the current case involves current case involves criminal criminal sexual

sexual conduct

conduct charges

charges and the

12 12 evidence proffered profft:redincludes

includes uncharged

uncharged instances

instances of

ofsexual

sexual acts

acts between

between the

the defendant

defendant and

and the

13 13 victim. Furthermore, victim. Furthermore, the the Court

Court finds

finds these

these acts

acts are relevant

relevant as

as they are similar

similar to the acts charged 14 14 15 in in this criminal sexual conduct case case and

andinvolve

involve the same defendant and andvictim.

victim. As

As stated

stated by the

15 16 People People in in its

its Motion,

Motion, Rule

Rule413

413 supersedes Rule 404(b)'s supersedes Rule 404(b)'s prohibition prohibition on

on similar

similar conduct

conduct to show

16

17 17 propensity.

Propensity.

18 18 The Court Court has also

also considered a balancing test as asrequired

requiredunder

underGuam

GuamRule

Ruleof

ofEvidence

Evidence

19 19 403 403 to determine determine if the

the probative value of

ofthe

the 413

413 evidence

evidence is

is not

not substantially

substantially outweighed by 20 20 unfair prejudice to aa defendant, using the defendant, using the framework framework provided

provided in United

United States

States v. Lemmy,

Lemay, 260

21 F.3d 1018.

1018. 1026-27 (9th Cir.

Cir. 2001).

2001). Wesen,

Wesen, 2022

2022 Guam

Guam 18 ,r 47. Under Leman, 18 1147. Lemay, the trial court court

22 should consider, consider, but

butisisnot

notlimited

limited to:

toi 1) the similarity of

ofthe

the prior

prior acts

acts to the

the acts charged, 2)

2) the

23 closeness in time of ofthe

the prior

prior acts

acts to the acts charged, charged, 3)

3) the

the frequency

frequency of the prior acts, 4) the acts, 4)

24 presence presence or lack of of intervening

intervening circumstances, and 5)

circumstances, and 5) the the necessity

necessity of

of the evidence beyond the 25

Amended Decision

Decision and

and

26 Order on Motion

Motion in Limine

27 CF0373-24,People

People of

ofGuam

Guam v.

v. Richard

Richard Allyn

Allyn Latsnic

Page 2 of3

testimonies already offered at trial. Chine!, 2013 Guam 24 ,I 36. The Court finds that the charged 2 sex acts include similar conduct to the other acts the victim may discuss and occurred in the same 3 time period. There are no intervening circumstances, and the victim's testimony is the main 4 evidence that will be offered at trial.

5

6 CONCLUSION AND ORDER

7 For the above reasons, the Court GRANTS the People's Motion in Limine and

8 ORDERS the testimony from the victim showing that Defendant Richard Allyn Latsnic

9 engaged in other incidents of sexual conduct with the minor in addition to the charged

incidents to be admissible.

11

12 ,- ',

13 SO ORDERED, this _ _ _ day of ~t!A JMWl.l 2025.

14

15

16

17

18 Judge, ourt of Guam

19

20 SERVICE VIA EMAIL

21 I acknowledge that an electronic copy of the original was e-mailed to:

22

23 Date: i/J&ijime: Q:.O&,.,,,,, 24 c,,,..-z,,..,---- 25 Amend:ed Decision and

26 Order on Motion in Limine 27 CF03 73-24, People of Guam v. Richard Allyn Latsnic Page3 of3