People v. Nelson

Opinion

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5u?ERioR COURT

1 UF GUAH 2 ZDZIJUL-8 PM 3: 51 3 CLERKOFCOURT 4 / 1 r By=

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6 IN THE SUPERIOR COURT OF GUAM 7 PEOPLE OF GUAM, Criminal Case No. CF0169-21 8 GPD Report No. 21-07760

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DECISION AND ORDER

10 MATTHEW KIOSHI NELSON, FINDING THERESA c. ARRIOLA (aka Matthew Kiyoshi Nelson), NOT IN CONTEMPT OF COURT 11 DOB: 10/31/1980 12 I Defendant.

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14 INTRODUCTION 15 This matter came before the Honorable Alberto C. Lamorena, III on June 2, 2021 and June 7,

16 2021 for hearing on Defendant Matthew Kioshi Nelson's (aka Matthew Kiyoshi Nelson's) 17 ("Defendant's") Request for Order to Show Cause ("Request"). Deputy Attorney General Carol 18 Hinkle-Sanchez and Assistant Attorney General Jordan Pauluhn represent the People, and Assistant 19 Public Defender Jocelyn Roden represents Defendant. Having duly considered the parties' briefs, 20 oral arguments, and the applicable law, the Court now issues the following Decision and Order and 21 FINDS THERESA c. ARRIOLA NOT IN CONTEMPT OF COURT.

22 BACKGROUND 23 On April 30, 2021, Defendant was ordered to the Guam Behavioral Health & Wellness

24 Center ("GBHWC") Annex at Department of Corrections ("DOC") after failing to comply with the 25 terms of his pre-trial electronic monitoring supervision. Commitment Order (Apr. 30, 2021). The 26 Annex is a satellite operation of GBHWC located within DOC. However, the Annex was not yet 27 up and running, as the space needed to operate this unit was instead being used as the DOC's 28

Decision and Order Finding Theresa C. Arriola Not in Contempt of Court CF0169-21, People of Guam v. Matthew Nelson Page 1 of 3 1 COVID-19 quarantine area. Declaration of Theresa C. Arriola at 3 (May 21, 2021). The 2 Defendant was placed in GBHWC's Criminal Defendants Unit in Tamuning. 3 On May 16, 2021, GBHWC suffered a COVID-19 scare when a community-based consumer 4 was admitted into the Adult In-Patient Unit after having just produced a positive COVID-19 test. 5 Court Recording ("CR") at 3:26:30 (Jun. 2, 2021). The Adult In-Patient Unit was quickly locked 6 down and a new location was needed to house the community-based consumers. Declaration of 7 Theresa C. Arriola at 2 (May 21, 2021). It was determined that an emergency Annex would be 8 created at DOC, and that all residents within the Criminal Defendants Unit would be relocated 9 there, freeing up room for the community-based consumers. CR at 3:27:00 (Jun. 2, 2021). This 10 action was initiated by Theresa C. Arriola, the Director of GBHWC. Declaration of Theresa C. 11 Arriola at 2 (May 21, 2021). Defendant was one such patient transferred to the Annex on May 17, 12 2021. 13 On May 20, 2021, Defendant filed his Request for Order to Show Cause. Defendant alleges 14 that Theresa C. Arriola's transfer of Defendant to the Annex amounts to contempt of court because 15 it was done without a Court order. Request at 2 (May 20, 2021). 16 On May 21, 2021, Theresa C. Arriola submitted her Declaration, arguing that the transfer 17 was a necessary response to the emergency situation and done to protect their patients. Declaration 18 of Theresa C. Arriola at 4 (May 21, 2021). 19 The Court held a hearing on June 2, 2021 and June 7, 2021. After hearing the arguments of 20 the parties, the Court took the matter under advisement. 21 DISCUSSION 22 The elements of contempt are generally: 'l) A valid order, 2) Knowledge of the order, 3) 23 . Ability to comply with the order, and 4) Willful failure to comply with the order.'" Lamb v. 24 I-Iojjinan, 2008 Guam 2 qt 44 (quoting In re Lvey, 102 Cal.Rptr.2d 447, 451 (Ct.App. 2000)). 25 Contempt of court is punishable as a petty misdemeanor. Ld. at *][ 32. 26 Ms. Arriola had no ability to comply with the Court order because the COVID-19 emergency 27 situation forced her to immediately relocate the Criminal Defendants Unit in order to make room 28 for the community-based consumers. Ms. Arriola's actions were appropriate in light of this

Decision and Order Finding Theresa C. Arriola Not in Contempt of Court CF0169-2 l, People of Guam v. Matthew Nelson Page 2 of 3

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1 emergency, and she ensured that the freshly converted Annex provided patients with the same 2 services available at GBHWC's Criminal Defendants Unit. Patients in the Annex still received 3 access to registered nurses, psychiatric technicians, medications, and counseling. CR at 3:34:30 4 (Jun. 2, 2021). Furthermore, the same G BHWC staff manned the Annex as did the Criminal 5 Defendants Unit. Declaration of Theresa C. Arriola at 3 (May 21, 2021). Ms. Arriola's actions do 6 not amount to contempt of court given the emergency situation that necessitated them, and the 7 numerous safeguards she employed. 8 CONCLUSION 9 For the reasons stated above, the Court FINDS T H E R E S A C . A R R I O L A N O T I N 10 CO NTEM P T O F CO UR T. Because Defendant is currently stable, there is no need to relocate ll him back to the Criminal Defendants Unit in Tamuning. 12 13 14 IT IS SO ORDERED this J u l y 8 y 2 0 2 1 15 16 17 18 19

20 HONORABLE ALBERTO c. LAMORENA, III Presiding Judge, Superior Court of Guam 21

22 SERVICE VIA E-MAIL

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

24 /IH , Hoff 25 Date: ? A/u 11me: 7 '/P# 26 Deputy Clerk, Superior Court of Guam 27

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Decision and Order Finding Theresa C. Arriola Not in Contempt of Court CF0169-21, People of Guam v. Matthew Nelson Page 3 of 3