I
. r" &8- ILLL SUPEREUR COURT Emma 7.0ZlS%€§;3 -3 PH \: lg gLER5'§OFCOURT J IN THE SUPERIOR COURT OF GUAM v
THE PEOPLE OF GUAM, Superior Court Case No. CF0023-14
Plaintiff; DECISION AND ORDER vs. RE DEFENDANT MINORICHY RUGANTE'S MOTION TO MODIFY MINORICHY NISAR T. RUGANTE, ET BAIL CONDITIONS AL.,
Defendants .
The Court here considers whether to release Defendant Minorichy Rugante on
conditions pending trial. Finding that Rugante poses a serious danger to the community, the
Court DENIES Rugante's Motion to Modify Bail Conditions.
1. PROCEDURAL HISTORY
1. Since January 14, 2014, Defendant Minority Rugante has been committed on $250,000
cash bail.
2. A jury convicted Rugante of two counts of First Degree Criminal Sexual Conduct and
Kidnapping. People u Rugante, 2019 Guam 23 112.
3. However, the Guam Supreme Court reversed the convictions. Rugante, 2019 Guam 23.
The Supreme Court held that the Prosecution failed to disclose exculpatory material in
violation of Brady u Maryland, 373 U.S. 83 (1963) and ordered a new tnlal on remand.
Id. CF0023-14 DECISION AND ORDER RE DEFENDANT MINORICHY RUGANTE'S Page 2 MOTION TO MODIFY BAIL CONDITIONS
4. Now on remand, Rugante asserted his right to a speedy trial, and this Court has scheduled
the trial for April 27, 2020.
5. Pending the trial, Rugante seeks to be released to third party custodians, Rugante's sister
and aunt. The proposed custodians were found to be appropriate, but the Probation
Division recommended the release to be inappropriate due to the lack of a land line and
the severity of charges.
6. Rugante has an extensive criminal record.
a. He served two years of incarceration after pleading guilty to Aggravated Assault
in CF0092-07.
b. He served one year of incarceration after pleading guilty to Aggravated Assault in
CF0233-10.
c. He pled guilty to Disorderly Conduct in CM0383-13, Family Violence in
CM0426-13 and Disorderly Conduct in CM0665-13.
II. LAW AND DISCUSSION
Guam law requires a com to order a person "charged to be released On recognizance,
unless the judge determines, in his discretion, on the basis of available information, that such a
release will not reasonably assure the appearance of the person as required or will endanger the
safety of any other person or the community." 8 GCA § 40.15(b). Moreover, the judge shall
consider:
(1) the nature of the offense charged, the apparent possibility of conviction and the likely sentence;
(2) the history and characteristics of the person charged, including:
(i) length of his/her residence on Guam,
(ii) his/her employment status and history, and financial
om! E L CF0023-14 DECISION AND ORDER RE DEFENDANT MINORICHY RUGANTE'S Page 3 MOTION TO MODIFY BAIL CONDITIONS
condition;
(iii) his/her family ties and reladonshipsg
(iv) his/her reputation, character and mental and physical condition,
(v) his/her prior criminal record, if any, including any record of prior release on recognizance or on bail,
(vi) his/her history relating to drug or alcohol abuse,
(vii) the identity of the reasonable members of the community who will vouch for his/her reliability;
(viii) whether, at the time of the current offense or arrest, he/she was on probation, on parole or on other release pending trial, sentencing, appeal or completion of sentence of an offense under Federal, state or local law, and
(ix) his/her history of compliance with other Court orders,
(3) the nature and seriousness of the danger the person would pose to the 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 danger the person would pose to the community or to any individual member thereof if released.
8 GCA § 40.15(c). The law further instructs the Court, should it not release a defendant on his
own recognizance, to impose the least onerous condition such as placing the person in the
custody of a third party custodian, restricting the defendant's movements, requiring the execution
of a bond, imposing a curfew, or any other condition reasonably necessary to assure the
appearance of the defendant as required and the safety of any other person and the community. 8
GCA § 40.20.
The Court will now consider the relevant factors.
ORH5 ,X\ CF0023-14 DECISION AND ORDER RE DEFENDANT MINORICHY RUGANTE'S Page 4 MOTION TO MODIFY BAIL CONDITIONS
1. Nature of the Offense Charged, Apparent Possibility of Conviction
Rugante faces counts of First Degree Criminal Sexual Conduct and Kidnapping. The
allegations that Rugante and others intentionally and forcibly sexually penetrated the victim in
this case raise community safety concerns of the highest level.
During this new trial, however, the People do not expect die victim to testify. W hile this
may have some impact on the possibility of conviction, the People intend to call other witnesses
with knowledge of Rugante's involvement in the alleged criminal acts. The Court therefore finds
that despite the possible absence of the victim at trial, there is still a possibility of conviction.
2. History and Characteristics of Person Charged
Rugante has a long criminal history. Prior to being charged in this case, he pled guilty to
assault, family violence, and disorderly conduct charges in five separate cases and agreed to
serve three years of incarceration. Three of those cases occurred within a year prior to the
charges in this case. Based on this pattern, the Court is convinced that but for his confinement
for the past six years, Rugante would likely have continued to amass criminal charge after
criminal charge.
3. Nature and Seriousness of the Danger the Person Would Pose to the Community or to any Individual Member thereof if Released
As just described, Rugante faces the highest degree of criminal sexual conduct charges.
If those charges are proven, Rugante poses a grave danger to the community, even if the victim is
no longer present on Guam.
4. Other Factors
At the motion hearing, the Court inquired as to whether the length of detention impacted
the Court's release analysis. Rugante filed additional briefing which argued that federal law
recognizes that excessive delay in bringing a matter to trial is presumptively prejudicial. Suppl. CF0023-14 DECISION AND ORDER RE DEFENDANT MINORICHY RUGANTE'S Page 5 MOTION TO MODIFY BAIL CONDITIONS
Briefing (Feb. 24, 2019). Rugante also attributes this delay to the Prosecution's insistence on not
disclosing the Brady material. Id.
Guam law does not include the length of detention as a factor for the Court's
consideration, although federal law does take it into consideration in release motions. "Although
the length of pretrial detention is one factor courts are to consider, it alone is not dispositive and
carries no fixed weight 'm a due process analysis." United States v Stanford, 722 F. Supp. ad
803, 807 (S.D. Tex.), a/Td, 394 F. App'x 72 (5th Cir. 2010). While six years of pretrial detention
may be excessive, the Court finds this factor is outweighed by the seriousness of the charges,
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I
. r" &8- ILLL SUPEREUR COURT Emma 7.0ZlS%€§;3 -3 PH \: lg gLER5'§OFCOURT J IN THE SUPERIOR COURT OF GUAM v
THE PEOPLE OF GUAM, Superior Court Case No. CF0023-14
Plaintiff; DECISION AND ORDER vs. RE DEFENDANT MINORICHY RUGANTE'S MOTION TO MODIFY MINORICHY NISAR T. RUGANTE, ET BAIL CONDITIONS AL.,
Defendants .
The Court here considers whether to release Defendant Minorichy Rugante on
conditions pending trial. Finding that Rugante poses a serious danger to the community, the
Court DENIES Rugante's Motion to Modify Bail Conditions.
1. PROCEDURAL HISTORY
1. Since January 14, 2014, Defendant Minority Rugante has been committed on $250,000
cash bail.
2. A jury convicted Rugante of two counts of First Degree Criminal Sexual Conduct and
Kidnapping. People u Rugante, 2019 Guam 23 112.
3. However, the Guam Supreme Court reversed the convictions. Rugante, 2019 Guam 23.
The Supreme Court held that the Prosecution failed to disclose exculpatory material in
violation of Brady u Maryland, 373 U.S. 83 (1963) and ordered a new tnlal on remand.
Id. CF0023-14 DECISION AND ORDER RE DEFENDANT MINORICHY RUGANTE'S Page 2 MOTION TO MODIFY BAIL CONDITIONS
4. Now on remand, Rugante asserted his right to a speedy trial, and this Court has scheduled
the trial for April 27, 2020.
5. Pending the trial, Rugante seeks to be released to third party custodians, Rugante's sister
and aunt. The proposed custodians were found to be appropriate, but the Probation
Division recommended the release to be inappropriate due to the lack of a land line and
the severity of charges.
6. Rugante has an extensive criminal record.
a. He served two years of incarceration after pleading guilty to Aggravated Assault
in CF0092-07.
b. He served one year of incarceration after pleading guilty to Aggravated Assault in
CF0233-10.
c. He pled guilty to Disorderly Conduct in CM0383-13, Family Violence in
CM0426-13 and Disorderly Conduct in CM0665-13.
II. LAW AND DISCUSSION
Guam law requires a com to order a person "charged to be released On recognizance,
unless the judge determines, in his discretion, on the basis of available information, that such a
release will not reasonably assure the appearance of the person as required or will endanger the
safety of any other person or the community." 8 GCA § 40.15(b). Moreover, the judge shall
consider:
(1) the nature of the offense charged, the apparent possibility of conviction and the likely sentence;
(2) the history and characteristics of the person charged, including:
(i) length of his/her residence on Guam,
(ii) his/her employment status and history, and financial
om! E L CF0023-14 DECISION AND ORDER RE DEFENDANT MINORICHY RUGANTE'S Page 3 MOTION TO MODIFY BAIL CONDITIONS
condition;
(iii) his/her family ties and reladonshipsg
(iv) his/her reputation, character and mental and physical condition,
(v) his/her prior criminal record, if any, including any record of prior release on recognizance or on bail,
(vi) his/her history relating to drug or alcohol abuse,
(vii) the identity of the reasonable members of the community who will vouch for his/her reliability;
(viii) whether, at the time of the current offense or arrest, he/she was on probation, on parole or on other release pending trial, sentencing, appeal or completion of sentence of an offense under Federal, state or local law, and
(ix) his/her history of compliance with other Court orders,
(3) the nature and seriousness of the danger the person would pose to the 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 danger the person would pose to the community or to any individual member thereof if released.
8 GCA § 40.15(c). The law further instructs the Court, should it not release a defendant on his
own recognizance, to impose the least onerous condition such as placing the person in the
custody of a third party custodian, restricting the defendant's movements, requiring the execution
of a bond, imposing a curfew, or any other condition reasonably necessary to assure the
appearance of the defendant as required and the safety of any other person and the community. 8
GCA § 40.20.
The Court will now consider the relevant factors.
ORH5 ,X\ CF0023-14 DECISION AND ORDER RE DEFENDANT MINORICHY RUGANTE'S Page 4 MOTION TO MODIFY BAIL CONDITIONS
1. Nature of the Offense Charged, Apparent Possibility of Conviction
Rugante faces counts of First Degree Criminal Sexual Conduct and Kidnapping. The
allegations that Rugante and others intentionally and forcibly sexually penetrated the victim in
this case raise community safety concerns of the highest level.
During this new trial, however, the People do not expect die victim to testify. W hile this
may have some impact on the possibility of conviction, the People intend to call other witnesses
with knowledge of Rugante's involvement in the alleged criminal acts. The Court therefore finds
that despite the possible absence of the victim at trial, there is still a possibility of conviction.
2. History and Characteristics of Person Charged
Rugante has a long criminal history. Prior to being charged in this case, he pled guilty to
assault, family violence, and disorderly conduct charges in five separate cases and agreed to
serve three years of incarceration. Three of those cases occurred within a year prior to the
charges in this case. Based on this pattern, the Court is convinced that but for his confinement
for the past six years, Rugante would likely have continued to amass criminal charge after
criminal charge.
3. Nature and Seriousness of the Danger the Person Would Pose to the Community or to any Individual Member thereof if Released
As just described, Rugante faces the highest degree of criminal sexual conduct charges.
If those charges are proven, Rugante poses a grave danger to the community, even if the victim is
no longer present on Guam.
4. Other Factors
At the motion hearing, the Court inquired as to whether the length of detention impacted
the Court's release analysis. Rugante filed additional briefing which argued that federal law
recognizes that excessive delay in bringing a matter to trial is presumptively prejudicial. Suppl. CF0023-14 DECISION AND ORDER RE DEFENDANT MINORICHY RUGANTE'S Page 5 MOTION TO MODIFY BAIL CONDITIONS
Briefing (Feb. 24, 2019). Rugante also attributes this delay to the Prosecution's insistence on not
disclosing the Brady material. Id.
Guam law does not include the length of detention as a factor for the Court's
consideration, although federal law does take it into consideration in release motions. "Although
the length of pretrial detention is one factor courts are to consider, it alone is not dispositive and
carries no fixed weight 'm a due process analysis." United States v Stanford, 722 F. Supp. ad
803, 807 (S.D. Tex.), a/Td, 394 F. App'x 72 (5th Cir. 2010). While six years of pretrial detention
may be excessive, the Court finds this factor is outweighed by the seriousness of the charges,
Rugante's considerable criminal history, the danger to the community he poses if released, the
imminent trial date, and the fact that this case has not been dormant but rather active through
heavy motion practice and on appeal. Even the appropriateness of the third party custodians
does not assuage or overcome the Court's concerns as to Rugante's risk of danger to the
community.
111. CONCLUSION
The Court has considered Ute four primary factors for release and determines that
Rugante does not qualify for release. He shall remain confined on cash bail set at $250,000.
SO ORDERED this 3rd day of March 2020. .f
'BERVICE vs CUURT El. Iacknow1edg.ethhacopyat originalheretowxfs placed in i. HO u _ _LYZE ;R!ARTE WW" '19 w .~l/£0c€ Judge, Supei'io15 Coulrt of Guam
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XpWC&¢, E 's i5'G0lB1DfGan
Appearing Attorneys : Assistant Attorney General Sean Brown for The People of Guam William Benjamin Pole, Law Offices of Gumataotao & Pole, PC, for Defendant Minorichy Rugante Douglas Moylan, Law Offices of Douglas Moylan, for co-Defendant Francis Madeus
UREGI 1*1