FILED SUPERIOR COURT OF GUAM 1 2U19 DCT 22 PH S: 28 2 CLERK OF COURT 3 BY: QQ 4 IN THE SUPERIOR COURT OF GUAM 5 PEOPLE OF GUAM, ) CRIMINAL CASE NO: CF0207,-.19 ) 6 ) PLA1NT11=F ) 7 ) vs. ) : DECISION AND ORDER RE: 8 ) DEFENDANT'S SECOND MOTION TO ) MODIFY CONDITIONS OF RELEASE 9 ) FRANKLIN JAY SANTOS 7 ) 10 DOB:01/09/1987, ) ) 11 DEFENDANT. ) ) 12 ) ) 13
14 Introduction
15 This matter came before the Honorable Maria T. Cenzon on October 8, 2019 for a
16 Motion Hearing on Defendant Franklin Jay Santos' ("Defendant") Second Motion to Modify
17 Conditions of Release. Defendant was represented by William Brennan of Arriola Law Firm.
18 Chuck Kinnunen was present for the People. The People did not file an opposition, though they
19 did raise a partial objection to the Motion at the hearing. This Court GRANTED the Motion with
20 re spe c t t o one mi nor c hi l d of De fe nd a nt , a nd t ook t he re ma i nd e r of t he M ot i on und e r
21 advisement. The Court now issues this DECISION and ORDER GRANTING the Motion in
22 full.
23 Background
24 Defendant was charged with one count of SECOND DEGREE CRIMINAL SEXUAL
25 CONDUCT (As a 1st Degree Felony). Indictment (Apr. 4, 2019). On April 24, 2019, the
26 M agi st rat e Jud ge ord ered Defend ant t o be rel eased , wi t h speci fi c cond i t i ons. Ord er of
People v. Santos; CF0207-19 D&O re: DefendanTs Second Motion to Modify Conditions of Release Page l off 1 Conditional Release and Appearance Bond (Apr. 24, 2019). Relevant to this Motion, the
2 Magistrate Judge ordered through the following language:
3 "Defendant is ordered to stay away from, and have no contact with the victim(s), either in
4 person, through a third party by telephone or letter, email, text or any electronic devices,
5 including any specified witness as follows: SC (DOB 05/22/2002) any minors."
7 Id. Defendant alleges that the way the provision is worded, it has restricted him from
8 being able to see his two minor children, neither o whom are the specific victim in this case.
9 Memorandum of Points and Auth. in Supp. of Second Mot. to Modify Conditions of Release
10 ("Second Mot.") (Sep. ll, 2019). Defendant claims pa has not been able to have contact with his
11 two minor children since April of 2019. Id. at 2.
12 Defendant originally filed a Motion on this issue, claiming error by the Magistrate Court
13 in issuing the conditions of release. Memorandum of Points and Auth. in Supp. of Mot. to
14 Modify Conditions of Release (Jul. 8, 2019). This Court denied that Motion, ruling there was no
15 error in the conditions imposed and that the conditions were clear on its face. Decision & Order
16 (Sep. 3, 2019). In its decision and order, the Court encouraged the Defendant to file a second
17 Motion on the same issue, challenging the substantive nature of the conditions and asking the
18 Court to modify under 8 GCA 40.75. Id. at 3. ~.
19 Defendant filed such a Motion, asldng the Court to modify his release conditions. Second
20 Mot. at 1. Specifically, Defendant asked the Court to modify the conditions to allow him to see
21 his two minor children, either through supervised visitation or other means the Court deems fit.
22 Id. at 4. Defendant has not violated his conditions of release since April 2019. Id.
23 At the Motion hearing, the People did not have objection to the Motion regarding
24 Defendant's minor son, J.F.J.S. Minute Entry (Out. 8, 2019). However, the People raised an
25 objection to Defendant's minor daughter, D.F.J.S., based on an open civil matter involving
26 Defendant. Id. In CV0296-19, Judge Perez issued an injunction which read in part:
People v. So/nos; CF0207-19 D&O re: DefendanTs Second Motion to Modify Conditions of Release Page 2 of 4 1 "Defendant is enjoined and restrained from threatening, abusing, molesting, harassing,
2 stalling or disturbing the peace of Plaintiff and the minor child in Plaintiffs care,
3 D.F.J.S. (DOB: 5-20-2007).
4 Decl. in Supp. of Second Mot., Ex. A (Oct..10, 2019). Plaintiff in that matter is the
5 mother of Defendant's minor daughter, D.F.J.S. The injunction is set to last until April 9, 2022,
6 until otherwise modified. Id.
7 Defendant argues that while this injunction exists, it does not explicitly prohibit
8 Defendant from seeing his minor daughter. Thus, Defendant still asked for the language of the
9 Magistrate's Order to be amended in order to allow him to see his daughter.
10 After hearing all relevant arguments and reviewing all filings, the Court took the matter
11 under advisement.
12 Discussion
13 Guam law provides that "when after a noticed hearing, the court finds that a change in 14 circumstances or new evidence shows a need for the imposition of different or additional 15 conditions upon the person's release, the court may order the imposition of such conditions as are 16 reasonably necessary to assure the person's appearance as required." 8 GCA 40.75(a). While 17 traditionally this involves the imposition of more conditions, there is room for the Coup to 18 modify an onerous condition if it sees fit. "Determinations as to bail conditions and amounts are 19 not to be driven by the goal of keeping the accused incarcerated, but should rather be reached in 20 consideration of the only authorized interests, to wit, ensuring the appearance of the accused and 21 the safety of others." People u Song, 2011 Guam 19 ']1 ll. "The fixing of bail for any individual 22 defendant must be based upon standards relevant to the purpose of assuring the presence of that 23 defendant." Stack u Boyle, 342 U.S. l, 4 (1951). Under Subsection (a) of 8 GCA 40.75, the 24 Court is granted rather broad authority to modify its prior release order. See 8 GCA 40.75 note. 25 Defendant here asks the Court to modify the Magistrate conditions of release in order to 26 allow him to see his two minor children, Defendant has complied with his release conditions to 27 this date, and neither of his minor children were the Victim in this matter. Further, there is no 28
People v. Salzros,CF0207-I9 D&O re: Defendanl's Second Motion to Modify Conditions of Release Page 3 of 4 1 history of family violence or abuse regarding Defendant and his two children. Defendant has
2 been charged with a Criminal Sexual Conduct crime, and the Magistrate Judge had the authority
3 to impose stringent conditions. However, modifying the conditions to allow Defendant to see his
4 minor children would likely not pose a risk to any member of the community, nor would it likely
5 affect the assurance of Defendant's presence in Court.
6 At the Motion hearing, the Court GRANTED the Motion regarding the minor son, J.F.J.S. 7 At issue for this Court is the Motion regarding Defendant's daughter, D.F.J.S. The Court will 8 respect the injunction issued in CV0296-19 regarding Defendant and D.F.J.S. However, the 9 Court agrees with Defendant that the injunction does not explicitly ban all contact between 10 Defendant and D.F.J.S. It does not require Defendant to remain a certain distance away from 11 D.F.J.S. at all times. Thus, this Court, believing that the modification of the Magistrate's 12 conditions will not put any members of the community at risk, nor affect Defendant's appearance 13 in Court, hereby GRANTS the Motion in full. The Court however ORDERS that any visitation 14 between Defendant and D.F.J.S. be in compliance with the injunction issued in CV0296-l9. 15 Conclusion 16 Based on the reasons provided above, the Court hereby GRANTS Defendant's Motion.
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FILED SUPERIOR COURT OF GUAM 1 2U19 DCT 22 PH S: 28 2 CLERK OF COURT 3 BY: QQ 4 IN THE SUPERIOR COURT OF GUAM 5 PEOPLE OF GUAM, ) CRIMINAL CASE NO: CF0207,-.19 ) 6 ) PLA1NT11=F ) 7 ) vs. ) : DECISION AND ORDER RE: 8 ) DEFENDANT'S SECOND MOTION TO ) MODIFY CONDITIONS OF RELEASE 9 ) FRANKLIN JAY SANTOS 7 ) 10 DOB:01/09/1987, ) ) 11 DEFENDANT. ) ) 12 ) ) 13
14 Introduction
15 This matter came before the Honorable Maria T. Cenzon on October 8, 2019 for a
16 Motion Hearing on Defendant Franklin Jay Santos' ("Defendant") Second Motion to Modify
17 Conditions of Release. Defendant was represented by William Brennan of Arriola Law Firm.
18 Chuck Kinnunen was present for the People. The People did not file an opposition, though they
19 did raise a partial objection to the Motion at the hearing. This Court GRANTED the Motion with
20 re spe c t t o one mi nor c hi l d of De fe nd a nt , a nd t ook t he re ma i nd e r of t he M ot i on und e r
21 advisement. The Court now issues this DECISION and ORDER GRANTING the Motion in
22 full.
23 Background
24 Defendant was charged with one count of SECOND DEGREE CRIMINAL SEXUAL
25 CONDUCT (As a 1st Degree Felony). Indictment (Apr. 4, 2019). On April 24, 2019, the
26 M agi st rat e Jud ge ord ered Defend ant t o be rel eased , wi t h speci fi c cond i t i ons. Ord er of
People v. Santos; CF0207-19 D&O re: DefendanTs Second Motion to Modify Conditions of Release Page l off 1 Conditional Release and Appearance Bond (Apr. 24, 2019). Relevant to this Motion, the
2 Magistrate Judge ordered through the following language:
3 "Defendant is ordered to stay away from, and have no contact with the victim(s), either in
4 person, through a third party by telephone or letter, email, text or any electronic devices,
5 including any specified witness as follows: SC (DOB 05/22/2002) any minors."
7 Id. Defendant alleges that the way the provision is worded, it has restricted him from
8 being able to see his two minor children, neither o whom are the specific victim in this case.
9 Memorandum of Points and Auth. in Supp. of Second Mot. to Modify Conditions of Release
10 ("Second Mot.") (Sep. ll, 2019). Defendant claims pa has not been able to have contact with his
11 two minor children since April of 2019. Id. at 2.
12 Defendant originally filed a Motion on this issue, claiming error by the Magistrate Court
13 in issuing the conditions of release. Memorandum of Points and Auth. in Supp. of Mot. to
14 Modify Conditions of Release (Jul. 8, 2019). This Court denied that Motion, ruling there was no
15 error in the conditions imposed and that the conditions were clear on its face. Decision & Order
16 (Sep. 3, 2019). In its decision and order, the Court encouraged the Defendant to file a second
17 Motion on the same issue, challenging the substantive nature of the conditions and asking the
18 Court to modify under 8 GCA 40.75. Id. at 3. ~.
19 Defendant filed such a Motion, asldng the Court to modify his release conditions. Second
20 Mot. at 1. Specifically, Defendant asked the Court to modify the conditions to allow him to see
21 his two minor children, either through supervised visitation or other means the Court deems fit.
22 Id. at 4. Defendant has not violated his conditions of release since April 2019. Id.
23 At the Motion hearing, the People did not have objection to the Motion regarding
24 Defendant's minor son, J.F.J.S. Minute Entry (Out. 8, 2019). However, the People raised an
25 objection to Defendant's minor daughter, D.F.J.S., based on an open civil matter involving
26 Defendant. Id. In CV0296-19, Judge Perez issued an injunction which read in part:
People v. So/nos; CF0207-19 D&O re: DefendanTs Second Motion to Modify Conditions of Release Page 2 of 4 1 "Defendant is enjoined and restrained from threatening, abusing, molesting, harassing,
2 stalling or disturbing the peace of Plaintiff and the minor child in Plaintiffs care,
3 D.F.J.S. (DOB: 5-20-2007).
4 Decl. in Supp. of Second Mot., Ex. A (Oct..10, 2019). Plaintiff in that matter is the
5 mother of Defendant's minor daughter, D.F.J.S. The injunction is set to last until April 9, 2022,
6 until otherwise modified. Id.
7 Defendant argues that while this injunction exists, it does not explicitly prohibit
8 Defendant from seeing his minor daughter. Thus, Defendant still asked for the language of the
9 Magistrate's Order to be amended in order to allow him to see his daughter.
10 After hearing all relevant arguments and reviewing all filings, the Court took the matter
11 under advisement.
12 Discussion
13 Guam law provides that "when after a noticed hearing, the court finds that a change in 14 circumstances or new evidence shows a need for the imposition of different or additional 15 conditions upon the person's release, the court may order the imposition of such conditions as are 16 reasonably necessary to assure the person's appearance as required." 8 GCA 40.75(a). While 17 traditionally this involves the imposition of more conditions, there is room for the Coup to 18 modify an onerous condition if it sees fit. "Determinations as to bail conditions and amounts are 19 not to be driven by the goal of keeping the accused incarcerated, but should rather be reached in 20 consideration of the only authorized interests, to wit, ensuring the appearance of the accused and 21 the safety of others." People u Song, 2011 Guam 19 ']1 ll. "The fixing of bail for any individual 22 defendant must be based upon standards relevant to the purpose of assuring the presence of that 23 defendant." Stack u Boyle, 342 U.S. l, 4 (1951). Under Subsection (a) of 8 GCA 40.75, the 24 Court is granted rather broad authority to modify its prior release order. See 8 GCA 40.75 note. 25 Defendant here asks the Court to modify the Magistrate conditions of release in order to 26 allow him to see his two minor children, Defendant has complied with his release conditions to 27 this date, and neither of his minor children were the Victim in this matter. Further, there is no 28
People v. Salzros,CF0207-I9 D&O re: Defendanl's Second Motion to Modify Conditions of Release Page 3 of 4 1 history of family violence or abuse regarding Defendant and his two children. Defendant has
2 been charged with a Criminal Sexual Conduct crime, and the Magistrate Judge had the authority
3 to impose stringent conditions. However, modifying the conditions to allow Defendant to see his
4 minor children would likely not pose a risk to any member of the community, nor would it likely
5 affect the assurance of Defendant's presence in Court.
6 At the Motion hearing, the Court GRANTED the Motion regarding the minor son, J.F.J.S. 7 At issue for this Court is the Motion regarding Defendant's daughter, D.F.J.S. The Court will 8 respect the injunction issued in CV0296-19 regarding Defendant and D.F.J.S. However, the 9 Court agrees with Defendant that the injunction does not explicitly ban all contact between 10 Defendant and D.F.J.S. It does not require Defendant to remain a certain distance away from 11 D.F.J.S. at all times. Thus, this Court, believing that the modification of the Magistrate's 12 conditions will not put any members of the community at risk, nor affect Defendant's appearance 13 in Court, hereby GRANTS the Motion in full. The Court however ORDERS that any visitation 14 between Defendant and D.F.J.S. be in compliance with the injunction issued in CV0296-l9. 15 Conclusion 16 Based on the reasons provided above, the Court hereby GRANTS Defendant's Motion. 17 The Magistrate's conditions of release will now provide Defendant the ability to have contact 18 with only his two minor children. Defendant is still ordered to stay away from any and all other
19 minor children other than his two children, pursuant to the Magistrate conditions of release. 20
22 OCT 22 2019 SO ORDERED this 23
24 SERVEE " . ;..,ulT Bu. I loinowledge that|copy ofthe 25 widnll heretoWasplacedInthe ONORA MARIA T. c§Enzon 26 w o) w . rwmwnw JUDG PERIOR COURT OF GUAM 27 §£TZNZUWmc: 5: "V 28 Deputy C' xpenL "curl of Guavr P eople v. So/ztos, CF 0207-19 D & O r e: D ef endanTs Sec ond M ot ion t o M odif y C ondit ions ot lR eleas e P age 4 of 4