People v. McIntosh

Opinion

Fl LED

SUPERlOH COURT

OFGUAM

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2 CLERK OF COURT 3 ~ i3Y: _ _ _ _ _ __

4 IN THE SUPERIOR COURT OF GUAM 5 PEOPLE OF GUAM, ) CRIMINAL CASE NO. CF0343-22 6 ) GPD Case Nos. 21-10914/22-13561 7 )

vs. )

8 ) 9 RICKEY CHRIS MCINTOSH, JR., ) DECISION AND ORDER GRANTING aka Rickey Chris McIntosh; aka Ricky ) MOTION TO WITHDRAW, APPOINTING 10 Chris McIntosh; aka Ricky Chris McIntosh, ) NEW COUNSEL AND TOLLING Jr.; aka Joey Tole Chariss Santiago, ) SPEEDY TRIAL CLOCK 11 DOB: 03/15/1977, ) 12 )

Defendant. )

13 14 This matter is before the Honorable Maria T. Cenzon on Attorney Mun Su Park's 15 ("Attorney Park") Motion to Withdraw as Counsel and Declaration of Counsel In Support of 16 Motion to Withdraw As Counsel filed with the Court on February l, 2024 (the "Motion"). Attorney 17 Park was appointed by this Court to represent Defendant Rickey Chris McIntosh, Jr. (the

18 "Defendant") in this case on January 30, 2024, after Attorney R. Marsil Johnson was granted leave

19 to withdraw for reasons cited during the hearing and as detailed in his Motion to Withdraw as Counsel and accompanying Declaration. Hrg. on Jan. 30, 2024 at 9:52:01 AM to 10:00:00 AM 20 (1/30/2024); Ntc. of Court Appointed Counsel (Jan. 31, 2024). See Mot. and Mem. In Support of 21 Motion to Withdraw as Counsel; Deel. of R. Marsil Johnson In Support of Mot. To Withdraw as 22 Counsel (Jan. 30, 2024). The People do not oppose the Motion.

23 The Declaration submitted by Attorney Park in support of the Motion establishes good 24 cause to grant the Motion due to Attorney Park's medical condition requiring hospitalization, 25 among other good causes cited therein. See Deel. at ,i12-5. Additionally, after the Court granted 26 Attorney Johnson's oral motion to withdraw as counsel, the Defendant asserted his right to speedy 27 trial on January 30, 2024. Id at 9:54:39 AM - 10:00:00 AM. The Court emphasizes that the need

28 to appoint Defendant new counsel is attributed to Defendant's claim, when Attorney William Pole represented him, that he "has lost faith in his attorney" and for other reasons set forth during the hearing on August 14, 2023, when the Court inquired, outside of Attorney Pole's presence, the reasons for his request for new indigent counsel. See, Mot. to Withdraw as Counsel and 1 Memorandum of Points and Authorities (Jul. 25, 2023); Deel. of Attorney Pole (filed under 2 seal)(Jul. 25, 2023). See also, Guam v. Flores, 2009 Guam 22 (citing Saffold v. State, 521 So.2d 3 1368, 1372 (Ala.Crim.App. 1987)("[W]e find that appellant's 'irrectoncilable differences' with his 4 first attorney tolled the running of the statutory period. It is certainly appropriate to attribute this 5 delay to appellant.")). The multiple appointments of indigent counsel due to financial, medical and 6 other hardship requests and conflicts of interest constitutes good cause to toll the speedy trial clock 7 under the circumstances and in light of Promulgation Order No. 06-006-25 (Nov. 17, 2023)

8 suspending Private Attorney Panel (PAP) appointments in felony and misdemeanor cases until

9 May 16, 2024. 1 Moreover, the Court finds that the appointment of conflict-free counsel who resides

10 in Guam, who is not unable for medical or health reasons to provide representation to the defendant is in the Defendant's best interest and to his benefit. 2 Thus, the Speedy Trial clock continues to be 11 tolled until conflict-free counsel can be appointed.

12 Therefore, for the reasons set forth herein, it is hereby ORDERED that Attorney Park is 13 relieved from representing the Defendant in this matter. Attorney Mark Smith is hereby appointed 14 to represent the Defendant.

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A Further Proceedings Hearing shall be held on February S, 2024, at the hour of 9:00 AM 16 (VIA ZOOM). 17 FEB o 2 202 ,

SO ORDERED this - - - - - - ------

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19 s11:r.vicE VIA EMAIL

20 I acknowledge that an electronic copy o! the onginal vm e-mai!ed to:

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25 1 See also, People v. Tedtaotao, 2015 Guam 31 ~139-41.

26 2 Guam v. Flores, 2009 Guam 22138. During the hearing, after Attorney Johnson was excused, the Court appointed

Julienne Nucum as counsel; however, Attorney Nucum does not reside in Guam, but in San Francisco, California.

27 Hrg. at 9:58:41 AM. To appoint her would further delay the case, as she would have to review the file remotely and determine whether any conflicts existed, which would allow several days to pass before any anticipated motion to 28 withdraw would be filed. Consequently, the Court appointed Attorney Michael Pangelinan to represent Defendant; however, the Court previously granted a Motion to Withdraw filed by prior counsel Rodney Jacob who is a partner in the same firm as Attorney Pangelinan, Dec. and Order Granting Mot. to Withdraw as Counsel and Order Appointing New Counsel (Jan. 22, 2024), and on that basis proceeded to appoint Attorney Park.