People v. Songeni

Opinion

II IN THE SUPERIOR COURT OF GUAM

) CRIMINAL CASE NO. CF0246-08 THE PEOPLE OF GUAM 1

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) DECISION AND ORDER

) (The People's Motion to Compel ) Discovery)

11 MANNIX FRANK SONGENI, 1

INTRODUCTION

This matter came before the Honorable Anita A. Sukola on November 4, 2009, for a

hearing on the People of Guam's ("the People") Motion to Compel Discovery. Attorney Sally Tobin appeared on behalf of the People. Attorney Pablo M. Aglubat appeared on behalf of

I11I Mannix Frank Songeni ("Defendant"). Upon review of the evidence, oral and written arguments, and legal authorities presented by both attorneys, the court hereby issues this

II1 Decision and Order.

BACKGROUND

I On February 25, 2009, the Court issued a Criminal Trial Scheduling Order. In the

Criminal Trial Scheduling Order, the Court ordered that mutual discovery must be exchanged

The People of Guam vs. Mannix Frank Songeni, CF0246-08 Page 1 of 3 Decision and Order - Motion to Exclude and Compel Discovery pursuant to 8 G.C.A. § 70.10 and 70.25(b) and (c). The Court in its order reminded the parties of their continued duty to disclose pursuant to 8 G.C.A. $70.40.

II On October 29, 2009, the People filed a Motion to Compel Discovery. In the Motion, the People ask that Defendant disclose "the nature of his defense" and any report or statement" prepared and used at trial. The People's Motion to Compel Discoverv (October 29, 2009). On

11 October 30, 2009, Defendant filed an Opposition to People's Motion to Compel Discovery. I(Defendant argued that he has complied with the discovery statues and tendered over to the People all that is required by statute. Defendant's O~vositionto Peovle's Motion to Compel

Discovery at 2 (October 30, 2009). The Court now addresses the People's Motion to Compel Discovery.

DISCUSSION

The People argued the Court must compel Defendant to disclose the nature of his

defense. The Peovle's Motion to Compel Discoverv (October 29,2009). "Upon noticed motion by the prosecuting attorney, the court may order . . . [tlhe defendant's attorney to state the nature of any defense which he intends to use at trial and the name and address of any person whom the defendant's attorney intends to call as a witness in support thereof." 8 G.C.A. tj 70.25(c).

The Court determines that Defendant has complied with 8 G.C.A. 70.25(c). Defendant in his trial memorandum relies on the presumption of innocence and alibi. Defendant's Trial Memorandum (October 20, 2009). Defendant also filed a witness list - which stated who he intends to call to witness stand. See Defendant's Witness List. Therefore, the Court will deny the People's Motion to Compel Discovery.

The People also argued that Defendant must be compelled to disclose any report or statement prepared for trial. The People's Motion to Compel Discovery (October 29, 2009). The

The People of Guam vs. Mannix Frank Songeni, CF0246-08 Page 2 of 3 Decision and Order - Motion to Exclude and Compel Discovery . * '

Defendant must "disclose to the prosecuting attorney or permit the prosecuting attorney to 1

inspect and copy any report or statement of an expert . . . which the defense attorney intends to

3 use in the trial." 8 G.C.A. 5 70.25(b). The Court determines that Defendant has not offered an 4 expert witness to testify, nor has Defendant offered a report compiled by an expert. Motion 5 Hearing at 9:37 a.m. (November 4, 2009). Therefore, the Court will deny the People's Motion 6

7 to Compel Discovery.

8 CONCLUSION 9 By preponderance of the evidence and based on the foregoing reasons, the Court

10 DENIES the People's Motion to Compel Discovery. 11 SO ORDERED this 4 day of il)oU., 2009.

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HONORABLE ANITA A. SUKOLA -

Judge, Superior Court of Guam 18

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The People of Guam vs. Mannix Frank Songeni, CF0246-08 Page 3 of 3 Declsion and Order - Motion to Exclude and Compel Discovery