People v. Ruben

• Court: Superior Court of Guam
• Decided: January 11, 2024
• Docket: CF0736-23
• Status: Unknown

Opinion

e.

Fl Fl LLED D 1 SUPERIOR SUPERIOf; COURT COUFff OFGUAM GU/\rv1 2 20211 Jéié11I I PH ZOZ~JAN PM Ls! 29 ti: 29 3 CLERKOF OF COURT COURT 4

5 8Y:- - In r}up_ ------ L:T° .. ~ IN THE SUPERIOR SUPERIOR COURT OF GUAM 6

7 PEOPLE OF GUAM, 8 CRIMINAL CASE NO. CF0736-23

9 vs. DECISION AND ORDER 10

11 ALFRED ACE RUBEN aka Red Martin,

12 12 Defendant. 113

INTRODUCTION INTRODUCTION 14 14

This matter came before the Honorable Vernon P. Perez on January 9, 2024, for for hearing 15 15

on Defendant Defendant ALFRED ACE RUBEN RUBEN aka Red Martin's ("Defendant") ("Defendant") Motion to Dismiss 16

Indictment ("Motion to Dismiss"). Dismiss"). Present Present were were Defendant Defendant with with counsel, counsel, Isa Isa Baba, Baza, and Assistant i7 17 Attorney General Sean Sean Brown Brown on on behalf behalf of Guam ("the of the People of Guam ("the Government"). Government"). Pursuant Pursuant to 18 18

its ruling from its ruling from the the bench on January 9, 2024, 2024, the the Court Court now now issues issues this this Decision Decision and and Order Order 19

denying Defendant's Motion Motion to Dismiss. 20

BACKGROUND 21 21 On November 20, 2023, Defendant was indicted with two counts Mischief counts of Criminal Mischief 22

(As (As aa Third Third Degree Felony) with with an attached Notice: Notice: Commission of a Felony While on Felony 23

Release. Release. (Indictment, (Indictment, Nov. Nov. 20, 20, 2023). 2023). These Thesecharges chargesstem stemfrom fromallegations allegations that that Defendant Defendant 24 24 damaged rental rental car car vehicles ehicles at at an an apartment apartment complex complex in in Mongmong Mongmong Toto Toto Maite. Maite. (Deal. (Deel. of of 25 25 Renaida Z. San San Nicolas, Nicolas, Magistrate's Magistrate's Con pl., Nov. Compl., Nov. 15, 15, 2023). 2023). Ar At the time of of the the alleged alleged 26

offenses, Defendant was offenses, Defendant was on on pre-trial pre-trial release release ininCriminal Criminal Case Case No. No.CF0535-23. CF0535-23. Id. Id 27

On November 30, 2023, Defendant asserted his right to a speedy trial. 28 28

People People v. Ruben Case No. No. CF0736-23 Decision Decision and and Order

Page 1 off ofS 1 On January 3, 2024, 2024, Defendant Defendant filed filed the the instant Motion Motion to to Dismiss. On January Dismiss. On January 8, 8, 2024, 22 the Government Govemrnent filed its Opposition. On OnJanuary January9,9, 2024, 2024, the the Court Court heard heard brief brief arguments on the 3 Motion to Dismiss and subsequently denied the Motion from the bench. 4 DISCUSSION 5 Defendant moves the Court to dismiss the Indictment against him because of Defendant of prosecutorial 6 defects in the grand defects grand jury proceeding. proceeding. See generally, Dismiss, Jan. generally, Mot. Dismiss, Jan. 3, 3, 2024. Defendant 2024. Defendant

7 alleges that alleges Fifth and that his Fifth and Sixth Sixth Amendment Amendment rights rights were were violated violated because because the the "prosecuting "prosecuting 8 attorney's rapid attorney's rapid and and disorganized disorganized presentation presentation of of the facts made the record nearly nearly indiscernible"; indiscernible",

9 hearsay testimony was utilized, utilized; and Defendant's Defendant's arrest arrest record record or "rap sheet" was referenced referenced by 10 10 the prosecutor. TheGovernment prosecutor. Id. The Governmentopposes, opposes, arguing arguing that that none none of of Defendant's Defendant's arguments arguments are are 11 meritorious. See generally, Jan. 8, 2024. generally, Opp'n, Jan.

12 12 provides a statutory, not constitutional, right to a grand jury "Guam provides jury indictment." People

113 v. v. Felder, ,r 24 (citations Guam 8811 Felder, 2012 Guam (citations omitted). omitted). The constitutional constitutional right right to to a grand grand jury 14 14 indictment has not been extended extended to to Guam. Guam. See See id. at ,r,r id at111124, 30; see also San Nicolas, 30, Nicolas, 2013 Guam

15 15 ,r 2424("the 21 11 ("the right right to to aa grand grand jury determination dete1mination of of probable probable cause is is statutory"); v. statutory"); People v, 16 16 Murito/q 2003 Guam 21 ,r Muritok, fl 48 48 ("the ("the Fourteenth Fourteenth Amendment Amendment has not been construed to include the

17 Fifth Amendment right to to presentment presentment or or indictment indictment of of aa grand grandjury .... jury, the Grand ... the Grand Jury Clause 18 18 of of the Fifth Amendment does not apply to states") (citations omitted). 19 19 Under Under Guam Guam law, law, "[a]ny "[a]ny felony felony together together with with any any related related misdemeanor misdemeanor shall shall be be 20 prosecuted by indictment prosecuted by indictment..."" 88G.C.A. G.C.A. §§ 1.15. 1.15. "A "Agrand grand jury's jury'schief chiefduty duty isis to to determine determine whether whether 21 the prosecution has established a prima facie case that a crime has been committed and that the prosecution has 22 accused committed accused committed it. Further, aa grand it. Further, grand jury serves serves aa gatekeeping gatekeeping function function by considering considering the 23 23 sufficiency of of the evidence to support an indictment." People v. v. San Nicolas, Nicolai, 2013 Guam Guam21 ,r 2111 24 24 (internal citations 11 (internal citations and and quotation quotation marks marks omitted). omitted). indictment serves "The indictment serves two two essential essential 25 purposes: purposes: itit affirms affirms that that the the grand grand jury jury found found probable probable cause cause for for the the charges charges in the the indictment, indictment, 26 and it gives the defendant notice of the the charges." ,r 12. Id. atat1[ charges." Id "The key 12. "The key to to ensuring ensuring that that the grand 27 jury system system works works as as itit should should is is to ensure that the grand jury has indicted based on a finding of of 28 probable cause cause for for the the 'offense 'offense charged."' Id ,r 21 (citation Id.atat1121 (citation omitted).

People v. People v. Ruben Case No. CF0736-23 Decision and Decision and Order

Page 2 of Page of5 I In this In this case, case, the the grand grand jury returned returned an Indictment Indictment against against Defendant, Defendant, finding finding probable

2 cause for the cause for thefollowing: following:

3 Count One On or On or about November November 11,11, 2023, in Guam, ALFRED ACE RUBEN (Martin, 2023, in (Martin, Red) Red) 4 did commit the the offense offense of Criminal Mischief (As (As aa 3rd 3rd Degree Degree Felony), Felony), in in that that 5 he did intentionally intentionally damage damage the themotor motorvehicle vehicleofof another, another,totowit: wit:aaToyota Toyota Corolla, Corolla, 6 Patriot Car owned by Patriot Rental, in Car Rental, violation of in violation of 99 GCA GCA §§§§34.50(d) 34.S0(d)and and 34.60(a), 34.60(a), as as amended. amended. 7 Count Two 8 On On or about November November 12,12, 2023, 2023, in in Guam, ALFRED ACE RUBEN (Martin, Red) (Martin, Red) 9 did commit the offense of Criminal Mischief (As the offense (As aa 3rd 3rd Degree Degree Felony), Felony), in in that that he did intentionally damage the the motor motor vehicle of ofanother, another, to wit: aa 2020 2020 Mitsubishi 10 Mirage owned Patriot Car owned by Patriot Rental, in Car Rental, in violation violation ofof 9 9 GCA GCA §§ §§ 34.50(d) 34.S0(d) and and 11 34.60(a), 34.60(a), as as amended. amended.

12 12 Notice: Commissionof Notice: Commission ofa Felony Felony While While on on Felony Felony Release Release 113 In In the commission ofof the the above offenses, offenses, the the Defendant, ALFRED ACE RUBEN (Martin, (Martin, Red) Red)committed committedthe the above abovefelony felonyoffense offensewhile whilehehewas wason onrelease releasepursuant pursuant 14 to Chapter 40, 40, Title Title 8, 8, Guam Code Annotated, pendingfelony Annotated, on a pending felony charge, charge, to to wit: Criminal Mischief rd 15 15 Mischief (As (Asaa3rd 3 Degree Degree Felony) 22 Counts and Unauthorized Unauthorized Use of a Motor Vehicle (As a Misdemeanor) Misdemeanor) filed filed under under Superior Court Criminal Case 16 No. CF0535-23, within themeaning within the meaningofoff 9 GCA GCA §§80.37.1. 80.37.1. 17 17 Indictment, Nov. Nov. 20, 20,2023 2023. 188 1 Defendant first argues argues that the the Indictment Indictment should should be be dismissed dismissed because because"[t]here "[t]here was no 19 19 effort to effort to obtain obtain evidence evidence directly directlyfrom fromthe individualswho theindividuals whomade madethe thestatements statements [set [set forth forth in in the the 20 police police reports], reports], and and many many of ofthese these statements statements were multiple levels levelsof ofhearsay, hearsay,even evenunder under the the best 21 of of circumstances." circumstances." (Mot. (Mot. Dismiss Dismiss at at 3). 3).The TheGovernment Governmentdoes does"not "notdispute disputethat that reading reading the the 22 police police report report at at the the grand grand jury proceedings proceedings generally generally constitutes constitutes hearsay" hearsay" but but "disagree[s] that that 23 23 hearsay is a basis hearsay is basis that thatwarrants warrantsthe theindictment indictmentotobebedismissed dismissedininlight lightofofGuam Guamlaw. law. (Opp'n (Opp'n at at 24 4). 25 Under Guam law, 26 The grand grand jury shall receive only only competent competent evidence evidence but but the the fact fact that that evidence 27 which is incompetent which incompetent was received receivedbybythe thegrand grand jury jury does does not not render render the indictment 28

People v. Ruben Case No. CF0736-23 Case No. cF0736-23 Decision Decision and and Order

Page 5 Page 3 ofS void where sufficient void where sufficient competent competent evidence evidence to to support support the indictment was received 1 by the grand jury. jury. 2 8 G.C.A. §§ 50.42. 8 G.C.A. 50.42. After Afterreceiving receivingcompetent competentevidence, evidence,"1t]he "[t]he grand jury shall find grand jury find an an indictment 3 when from the evidence presented presented there is reasonable reasonable cause causeto to believe believe that an an indictable indictable offense offense 4 4 has been committed has been committedand andthat thatthe thedefendant defendantcommitted committedit." it." 88 G.C.A. G.C.A. §§ 50.54(b) 50.54(b) (emphasis (emphasis in in 5 Thephrase original). The phrase "competent "competent evidence" evidence" is is not not further further defined in Title Title 8. 6 "The Supreme "The Supreme Court Court of ofthe the United United States States has has held held that that there there isisno noconstitutional constitutional 7 7 prohibition against prohibition against presenting hearsay hearsay to a grand jury jury or against hearsay hearsay forming the basis for an an 8 indictment." indictment." People People v. v. Quidachay, Quidachay, 815 F.2d 1311, l 1,1312 1312(9th (9thCir. Cir.1987) 1987)(citing (citing Costello Costello v. United United 9 States, States, 350 U.S. 359, 350 U.S. 359, 363 363(1956)). (1956)). In Quidaclzay, Quidachay, the the Ninth Circuit Circuit interpreted interpreted "competent "competent 10 as "evidence evidence" as "evidencethat thataareasonable reasonable person person would would rely rely upon upon in in conducting conducting his or her daily 11 11 ...regardless affairs ... regardlessofofwhether whetherititwould wouldbe be admissible admissible at at trial trial under underthe therules rulesof ofevidence." evidence." Id. Id. 12 12 1313. The at 1313. The court, court, in in comparing comparing the amended amended version version of section section 50.42 to its prior version, found 113 that "the Guam Legislature, by by amending amending the the requirement requirement that that the evidence evidence presented presented to aa grand grand 14 jury must jury be 'evidence must be 'evidence which which would would be be admissible admissible... ... at at trial' trial' totoaarequirement requirement that that it be 15 15 'competent 'competent evidence,' evidence,'desired desiredto toeliminate eliminatethe the technical technical requirements requirements of ofthe the rules of of evidence evidence but but 16 preserve somerequirement preserve some of reliability." Id. requirementofreliability." Id 17 17 The Court Court declines to to deviate from Quidachay, Quidachay, finding that that the amendment of Guam's amendment of 18 18 grand jury jury statute makesclear statute makes clearthat thatthe thelegislative legislative intent was to lessen restrictions intent was restrictions on evidence 19 19 presented for the presented for the grand grandjury. jury. The Court Court finds finds that the the officer's officer's testimony testimony before before the the grand grand jury 20 regarding the police reports, regarding the reports, even if hearsay, hearsay, does not fall below below the the standard standard of "competent "competent 21 evidence" as as set set forth in Quidachay. Quidachay. 22 Defendant next argues Defendant next argues that that the prosecutor prosecutor prejudiced the grand prejudiced the grand jury because because he he 23 "unnecessarily mention[ed] "unnecessarily mention[ that Ruben ed] that Rubenhad hadthree threepages pagesofofrap rapsheets." sheets." (Mot. Dismiss Dismiss at 6-7). 24 Defendant "contends that Defendant "contends that the the sloppiness of these sloppiness of these proceedings, whether due proceedings, whether due to deliberate deliberate or 25 25 careless actions actionsby by the theprosecutor, prosecutor,significantly significantlycompromised compromisedhis hisConstitutional rights."Id. Constitutionalrights." Id at at 7. 26 The Government Government opposes, arguing that "[ arguing that "[w]hile w]hilethe theProsecutor Prosecutormay may have have skimmed skimmed through through the the 27 portions of the police report, report, ... ... this thisisismerely merelyan an effort effortto toidentify identifywhere wherethe thecase case report report actually actually 28 28

People v. People v. Ruben Ruben Case No. No. CF0736-23 Decision Decision and and Order

Page 4 of5 ofl5 1 begins", begins"; the "prosecutor not stop to read "prosecutor does not read anything on Defendant's rap sheet", Defendant's rap sheet"; itit was less than 2 a minute; minute, and it "is not prejudicial because because Defendant was charged with a Notice Notice of Felony on

3 Felony Release, which implicates that a rap rap sheet sheet exists." (Opp'n at exists." (Opp'n at 4-5). 4 well rrecognized "It is well ecognized that the the remedy of of dismissa dismissal of of aan indictment indictment on gr grounds of of 5 prosecutorial misconduct is an extraordinary extraordinary one." United United States v. Soberon, Soberon, 929 F.2d 935, 939

6 (3d Cir. 1991) (citing Bank of of Nova Scotia Scotia v. v. United United States, States, 487 U.S. 250, 255 255 (1988)). (1988)). An

7 only be dismissed indictment may only dismissed based based on on prosecutorial prosecutorial misconduct misconduct ifif it is "shown "shown that that [such] [such] 8 conduct significantly conduct significa nt ly infringed infr ingedon on the t he ability bilit y of of the gr grand jur jury t to exercise o exer independent cise independent

9 judgment." United States v. Cederquist, Cederquist, 641 F.2d 1347, 1347, 1353 (9th Cir. 1981) (citations omitted). 10 10 review of Upon review ofthe the grand grand jury proceeding, proceeding, the the Court Court does not not find that the brief brief reference

II 11 rap sheet "significantly infringed on the ability of the grand jury to to the rap to exercise independent

12 judgment." The TheCourt Court agrees agrees with with the the Government Government that that such such mention mention was was "merely "merely an an effort effort to 13 locate where the case report began" and as as Defendant Defendant was charged with a Notice: Notice: Commission of Commission of

14 a Felony on Felony Felony Release, Release, Irit was implied implied that that Defendant Defendant has has at at least least one prior prior arrest arrest and the 15 15 of a rap sheet. existence of

16 CONCLUSION

17 17 reasons, the For the foregoing reasons, the Court hereby hereby DENIES Defendant's Motion to Dismiss Dismiss 18 AsDefendant Indictment. As Defendantremains remainsininan anasserted asserted status, status, Jury Selection and Trial shall shall commence commence

19 19 January 12, on January 12, 2024 at 1:30 p.m. Parties shall return for a Pre-Trial 2024 at Pre-Trial Conference Conference on January January 11, 11,

20 20 2024 at 1:30 p.m.

Jf\N¼ft'l~ H,II, 10 21

22 IT IS so SO ORDERED ORDERED this Jmunmq 10'24 'nunc pro tune nuns pro 3 tiffs to January January 9, 2024.

~ 23

25 25 HONORABLE VERNON HONORABLE VERNON p. P. PEREZ Judge, Judge, Superior Superior Court»of Guam Court-of Guam 26

People People v. Ruben Case No. CF0736-23 Case No. Decision Decision and and Order

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