;'bLEU <5g?ERi{}R COURT 1 UF' GUAM
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3 gLER?i OF CCURT 4 B_ g( y ........ Dr-unrul-l»**"'"""""
5 |
6 IN THE SUPERIOR COURT OF GUAM
8 THE PEOPLE OF GUAM, 9 CRIMINAL CASE NO. CF0044-20
10 vs. DECISION AND ORDER
13 Defendant. 14 INTRODUCTION 15 This matter came before the Honorable Vernon P. Perez on January 31, 2020, for 16 hearing on Defendant Francisco Mateo Martinez's ("Defendant") Ex Parte Motion and 17 Application for Bail Redetermination Hearing Under 8 G~.C.A. § 45.50 for Release on Personal 18 Recognizance ("Motion for Bail Redetermination"), Defendant was present with counsel, 19 Assistant Public Defender Alisha Molyneux, and Assistant Attorney General Brendlynn Joseph 20. was present on behalf of the People of Guam ("the Government"). In accordance with its ruling 21 from the bench on January 31, 2020, the Court now issues the following Decision and Order 22 DENYING Defendant's Motion for Bail Redetermination. 23 BACKGROUND 24 On January 28, 2020, Defendant was indicted with one count of Strangulation (As a 25 Third Degree Felony), and one count of Family Violence (As a Third Degree Felony). 26 (Indictment, Jan, 28, 2020). These charges stem from allegations that Defendant and his 27 girlfriend, Ms. Leanna Yun, got into an argument on or about January 16, 2020, which escalated 28
People v. Martinez Case No. CF0044-20 Decision and Order
Page 1 of 5 1 to Defendant assaulting Ms. Yun. (Decl. of Christine Santos Tenorio, Magistrate's Con pl., Jan.
2 19, 2020). Ms. Yun tried to call her mother to pick her up from the residence, but Defendant
3 grabbed her phone and terminated the call. Id. Defendant then struck Ms. Yun on the chest,
4 causing her to fall onto the ground, mounted Ms. Yun and used his hand to strangle her neck.
5 Id. As Defendant squeezed her neck, Ms. Yun's vision became blurry and she could not
6 breathe. Id. Just as Ms. Yun felt like she was going to "black out," Defendant released his grip.
7 Id] Officers observed bruising to Ms. Yun's chest and arm, as well as abrasions on her neck and
8 collarbone. Id. .
9 On January 27, 2020, Defendant filed the instant Motion for Bail Redetermination.
10 Defendant is confined pending the posting of $2,500.00 cash bail. See Commitment Order, Jan.
11 19, 2020. . 12 On January 29, 2020, Defendant asserted his right to a speedy trial. Jury Selection and
13 Trial is currently set to commence on March 11,.2020 at 1:30 p.m. .
14 The Government did not file a written opposition to Defendant's Motion for Bail
15 Redetermination, but indicated its opposition to the Motion orally.
17 Defendant moves the Court to release him on personal recognizance as he does not have
18 .the means to pay the two thousand five hundred dollar ($2,500.00) cash bail. See generally,
19 Mot. Bail Redetermination, Jan. 27, 2020.
20 Und er Gu am law, the Co u r t m u st "o r d er the p er so n char ged to b e r eleased o n
21 recognizance, unless the judge determines, in his discretion, on the basis of available
22 information, that such a release will not reasonably assure the appearance of the person as
23 required or will endanger the safety of any other person or the community." 8 G.C.A. §.
24 40.l5(b). Factors for the Court to consider in determining whether Defendant presents a
25 substantial risk of nonappearance or is a danger to the safety of any other person or the
26 community include: 27 (1) the nature of the offense charged, the apparent possibility of conviction and the likely sentence, 28
People v. Martinez Case No. CF0044-20 Decision and Order
Page 2 of 5 (2) the hist try and characteristics of the person charged, including: 1
(i) length of his/her residence on Guam, 2 (ii) his/her employment status and history, and financial condition, 3 (iii) his/her family ties and relationships, . (iV) his/her reputation, character and mental and physical condition, 4 his/her prior Criminal record, if any, including any record of prior (v) 5 release on recognizance or on bail, (vi) his/her history relating to drug or alcohol abuse, 6 (vii) the identity of the reasonable members of the community who will 7 vouch for his/her reliability, (viii) whether at the time of the current offense or arrest, he/she was, on 8 probation, on parole or on other release pending trial, sentencing, 9 appeal or completion of sentence Of an offense under Federal, state or local law, and 10 (ix) his/her history of compliance with other court orders , 11 (3 ) t he na t u r e a nd s er iou s nes s of t he da nger t he p er s on wou ld p os e t o t he 12 community or to any individual member thereof if released, and (4) any other factors which bear on the risk of willful failure to appear or the 13 danger the person would pose to the community or to any individual member 14 thereof if released.
15 8 G.C.A. § 40.15(c).
16 If the Court finds that release on his or her own r ecogniza nce would not a ssur e a
17 defendant's appearance or would present a danger to any other person or the community, the
18 Court may still permit release subject to certain conditions under 8G.C.A. § 40.20. These
19 conditions include: (a) placement of the person in the custody of a designated person or organization 20 agreeing to supervise him and to assist him in appearing in Court, 21 (b) pla cement of r estr ictions on the a ctivities, movements, a ssocia tions a nd residence of the person, 22 (c) placement of the person under supervision by means of electronic monitoring, 23 including electr onic mo n i t o r i n g wi t h a l l eg ed v i c t i m s t a y - a wa y a l er t 24 technology, if available, and subject to the payment of fees or the exemption of fees, and other rules established by the court for electronic monitoring, 25 (d) execution of a bond in an amount specified by the judge, such bond in the 26 discretion of the judge to be either unsecured or secured in whole or in part by the deposit of cash or other property, or by the obligation of qualified sureties , 27 (e) release of the person during working hours, but with the condition that he 28 return to custody at specific times ,
People v. Martinez Case No. CF0044-20 Decision and Order
Page 3 of 5 (D require the person charged with family violence or violation of a protective 1 order to undergo a lethality risk assessment or other risk assessments deemed 2 appropriate by the Judiciary of Guam, or 3 (g) any other condition reasonably necessary to assure appearance as required and the safety of any other person and the community. 4 8 G.C.A. § 40.20. Under section 40.20, the least onerous conditions shall be imposed to ensure 5 Defendant's appearance as required and the safety of any other person and the community. 6 "Determinations as to bail conditions and amounts are not to be driven by the goal of keeping
the accused incarcerated, but should rather be reached in consideration of the only authorized 8 interests, to wit, ensuring the appearance of the accused and the safety of others." People v. 9 Song, 201.1 Guam 19 'ii 11. 10 In support Of his motion, Defendant offers that he iS a forty-year old U.S. citizen and a 11 lifelong resident of Guam. (Mot. Bail Redetermination at 4). Defendant has a LOW ORAS 12 score and no prior contacts with the criminal justice system, and is financially supporting his 13 three minor children. Id. Defendant notes that he and the alleged victim only dated briefly and 14 would obey all no-contact orders pending resolution of this matter. Id. Additionally, Defendant 15 sets forth that the alleged victim has been criminally charged with violent crimes and was the 16 aggressor in the incident forming the basis of this matter. Id.
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;'bLEU <5g?ERi{}R COURT 1 UF' GUAM
z@2aF»2@ -M FN 12:37 2
3 gLER?i OF CCURT 4 B_ g( y ........ Dr-unrul-l»**"'"""""
5 |
6 IN THE SUPERIOR COURT OF GUAM
8 THE PEOPLE OF GUAM, 9 CRIMINAL CASE NO. CF0044-20
10 vs. DECISION AND ORDER
13 Defendant. 14 INTRODUCTION 15 This matter came before the Honorable Vernon P. Perez on January 31, 2020, for 16 hearing on Defendant Francisco Mateo Martinez's ("Defendant") Ex Parte Motion and 17 Application for Bail Redetermination Hearing Under 8 G~.C.A. § 45.50 for Release on Personal 18 Recognizance ("Motion for Bail Redetermination"), Defendant was present with counsel, 19 Assistant Public Defender Alisha Molyneux, and Assistant Attorney General Brendlynn Joseph 20. was present on behalf of the People of Guam ("the Government"). In accordance with its ruling 21 from the bench on January 31, 2020, the Court now issues the following Decision and Order 22 DENYING Defendant's Motion for Bail Redetermination. 23 BACKGROUND 24 On January 28, 2020, Defendant was indicted with one count of Strangulation (As a 25 Third Degree Felony), and one count of Family Violence (As a Third Degree Felony). 26 (Indictment, Jan, 28, 2020). These charges stem from allegations that Defendant and his 27 girlfriend, Ms. Leanna Yun, got into an argument on or about January 16, 2020, which escalated 28
People v. Martinez Case No. CF0044-20 Decision and Order
Page 1 of 5 1 to Defendant assaulting Ms. Yun. (Decl. of Christine Santos Tenorio, Magistrate's Con pl., Jan.
2 19, 2020). Ms. Yun tried to call her mother to pick her up from the residence, but Defendant
3 grabbed her phone and terminated the call. Id. Defendant then struck Ms. Yun on the chest,
4 causing her to fall onto the ground, mounted Ms. Yun and used his hand to strangle her neck.
5 Id. As Defendant squeezed her neck, Ms. Yun's vision became blurry and she could not
6 breathe. Id. Just as Ms. Yun felt like she was going to "black out," Defendant released his grip.
7 Id] Officers observed bruising to Ms. Yun's chest and arm, as well as abrasions on her neck and
8 collarbone. Id. .
9 On January 27, 2020, Defendant filed the instant Motion for Bail Redetermination.
10 Defendant is confined pending the posting of $2,500.00 cash bail. See Commitment Order, Jan.
11 19, 2020. . 12 On January 29, 2020, Defendant asserted his right to a speedy trial. Jury Selection and
13 Trial is currently set to commence on March 11,.2020 at 1:30 p.m. .
14 The Government did not file a written opposition to Defendant's Motion for Bail
15 Redetermination, but indicated its opposition to the Motion orally.
17 Defendant moves the Court to release him on personal recognizance as he does not have
18 .the means to pay the two thousand five hundred dollar ($2,500.00) cash bail. See generally,
19 Mot. Bail Redetermination, Jan. 27, 2020.
20 Und er Gu am law, the Co u r t m u st "o r d er the p er so n char ged to b e r eleased o n
21 recognizance, unless the judge determines, in his discretion, on the basis of available
22 information, that such a release will not reasonably assure the appearance of the person as
23 required or will endanger the safety of any other person or the community." 8 G.C.A. §.
24 40.l5(b). Factors for the Court to consider in determining whether Defendant presents a
25 substantial risk of nonappearance or is a danger to the safety of any other person or the
26 community include: 27 (1) the nature of the offense charged, the apparent possibility of conviction and the likely sentence, 28
People v. Martinez Case No. CF0044-20 Decision and Order
Page 2 of 5 (2) the hist try and characteristics of the person charged, including: 1
(i) length of his/her residence on Guam, 2 (ii) his/her employment status and history, and financial condition, 3 (iii) his/her family ties and relationships, . (iV) his/her reputation, character and mental and physical condition, 4 his/her prior Criminal record, if any, including any record of prior (v) 5 release on recognizance or on bail, (vi) his/her history relating to drug or alcohol abuse, 6 (vii) the identity of the reasonable members of the community who will 7 vouch for his/her reliability, (viii) whether at the time of the current offense or arrest, he/she was, on 8 probation, on parole or on other release pending trial, sentencing, 9 appeal or completion of sentence Of an offense under Federal, state or local law, and 10 (ix) his/her history of compliance with other court orders , 11 (3 ) t he na t u r e a nd s er iou s nes s of t he da nger t he p er s on wou ld p os e t o t he 12 community or to any individual member thereof if released, and (4) any other factors which bear on the risk of willful failure to appear or the 13 danger the person would pose to the community or to any individual member 14 thereof if released.
15 8 G.C.A. § 40.15(c).
16 If the Court finds that release on his or her own r ecogniza nce would not a ssur e a
17 defendant's appearance or would present a danger to any other person or the community, the
18 Court may still permit release subject to certain conditions under 8G.C.A. § 40.20. These
19 conditions include: (a) placement of the person in the custody of a designated person or organization 20 agreeing to supervise him and to assist him in appearing in Court, 21 (b) pla cement of r estr ictions on the a ctivities, movements, a ssocia tions a nd residence of the person, 22 (c) placement of the person under supervision by means of electronic monitoring, 23 including electr onic mo n i t o r i n g wi t h a l l eg ed v i c t i m s t a y - a wa y a l er t 24 technology, if available, and subject to the payment of fees or the exemption of fees, and other rules established by the court for electronic monitoring, 25 (d) execution of a bond in an amount specified by the judge, such bond in the 26 discretion of the judge to be either unsecured or secured in whole or in part by the deposit of cash or other property, or by the obligation of qualified sureties , 27 (e) release of the person during working hours, but with the condition that he 28 return to custody at specific times ,
People v. Martinez Case No. CF0044-20 Decision and Order
Page 3 of 5 (D require the person charged with family violence or violation of a protective 1 order to undergo a lethality risk assessment or other risk assessments deemed 2 appropriate by the Judiciary of Guam, or 3 (g) any other condition reasonably necessary to assure appearance as required and the safety of any other person and the community. 4 8 G.C.A. § 40.20. Under section 40.20, the least onerous conditions shall be imposed to ensure 5 Defendant's appearance as required and the safety of any other person and the community. 6 "Determinations as to bail conditions and amounts are not to be driven by the goal of keeping
the accused incarcerated, but should rather be reached in consideration of the only authorized 8 interests, to wit, ensuring the appearance of the accused and the safety of others." People v. 9 Song, 201.1 Guam 19 'ii 11. 10 In support Of his motion, Defendant offers that he iS a forty-year old U.S. citizen and a 11 lifelong resident of Guam. (Mot. Bail Redetermination at 4). Defendant has a LOW ORAS 12 score and no prior contacts with the criminal justice system, and is financially supporting his 13 three minor children. Id. Defendant notes that he and the alleged victim only dated briefly and 14 would obey all no-contact orders pending resolution of this matter. Id. Additionally, Defendant 15 sets forth that the alleged victim has been criminally charged with violent crimes and was the 16 aggressor in the incident forming the basis of this matter. Id. Defendant alleges that the alleged 17 victim fabricated the story as well as the injuries on her body. Id. 18 Upon consideration of the 8 G.C.A. § 40.15 factors, the Court is greatly concerned with 19 safety of the community and Defendant's ability to exert self-control. Defendant is charged 20 with two third-degree felonies, and is accused of pushing and then strangling his girlfriend until 21 she nearly "blacked out." (Deal. of Christine Santos Tenorio, Magistrate's Con pl., Jan. 19, 22 2020).. The Court finds this allegation extremely serious, and notes that strangulation is one of 23 the most lethal forms of domestic violence. 24 Thus, upon the Court's review, Defendant's release only on personal recognizance does 25 not sufficiently allay the Court's concerns at this time. This decision, however, does not 26 preclude Defendant from requesting release with proposed third-party custodians or release on 27 electronic monitoring in the future. Additionally, should the Government have any indication 28
People v. Martinez Case No. CF0044-20 Decision and Order
Page 4 of 5 I 1 that its ability to prove the charges against Defendant beyond a reasonable doubt considering
2 Defendant'_s allegations that the alleged victim fabricated the story underlying this matter, it
3 shall immediately inform the Court.
4 CONCLUSION
5 For the foregoing reasons, the Court hereby DENIES Defendant's Motion for Bail
6 Redetermination. Further Proceedings are set for February 13, 2020 at 10:00 a.m.
7 IT IS SO ORDERED, Mme pro fund to January 31, 2020, this .FEB 0 A 2020 8
SEFVICE vIA COURT BOX \ 10 laolliiuirvledge that a copy of the I
original hereto was placed In the 11 noun box of HONORABLE VERNON p. PEREZ _ f f , / 3D5 c - Judge, Superior Court of Guam 12 Dat§9'£F20 Time 8'
People v. Martinez Case No. CF0044-20 Decision and Order
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