5 IN THE SUPERIOR COURT COURT OF OF GUAM GUAM 6 )) CRIMINAL CRIMINAL CASE CASE NO. NO. CF0490-24 CF0490-24 7 1 PEOPLE OF GUAM, GUAM, )) GPD Report ReportNos. Nos.24- 14701 /24-14874/24- 14884 24-14701/24-14874/24-14884 ) 8 vs. ) DECISION DECISION & ORDER 9 )) RE. DEFENDANT FREDDY CUEVAS RE.DEFENDANT )) SUSUICO'S MOTION IN LIMINE SUSillCO'S MOTION LIM/NE TO 10 FREDDY CUEVAS SUSUICO, ) EXCLUDE ALL EVIDENCE NOT DOB: DOB:10/27/1976 10/27/1976 ) DISCOVERED TO DEFENDANT BY 11 )) LAW LAW ENFORCEMENT )) AS AS OF OF APRIL APRIL14, 14,2025 2025 Defendant. 12 12 ) H 13
This matter came before matter came before the the Honorable Honorable Alberto E. Tolentino Tolentino on on June June 17, 17, 2025, 2025, for aa 14 14
15 Motion Motion Hearing. Hearing. Defendant Defendant Freddy Cuevas Susuico Susuico ("Defendant") was was present present with with counsel counsel 15
16 16 Attorney Attorney Heather Heather Quitugua. Quitugua. Assistant Attorney Attorney General Grant Olan Olen was present presentfor for the thePeople People of of
17 17 Guam Guam ("People"). At At this this Motion MotionHearing, Hearing, the the parties parties were were before before the the court court totoaddress address 18 18 Defendant's Motion Limine to Exclude All Motion in Liming All Evidence Evidence Not Not Discovered Discovered by by Law LawEnforcement Enforcement as as 19 19 of April of April14, 14, 2025, 2025, which which was was filed filed on April28, on April 28, 2025. 2025. Following Followingthe thehearing, hearing, the the court court took took the 20 20
21 matter under underadvisement advisementpursuant pursuantotoSupreme SupremeCourt CourtofofGuam GuamAdministrative AdministrativeRule Rule06-001, 06-001,CVR CVR
22 7.l(e)(6)(A) 7.l(e)(6)(A) and andCR1 .1 ofofthe CRl.1 theLocal LocalRules Rulesofofthe theSuperior SuperiorCourt Court of ofGuam. Guam. Having duly considered 23 23 the parties' briefings, briefings, oral oralarguments, arguments, and the the applicable law, the court now issues this this Decision Decision 24 24 and Order DENYING Defendant Freddy Cuevas Defendant Freddy Cuevas Susuico's Susuico's Motion Motion in Limine to Exclude All Exclude All 25 26 Evidence Not Not Discovered Discovered by by Law Law Enforcement Enforcement as as of of April April14, 14, 2025. 2025. 26
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Decision Decision &&Order OrderRe. Re. Defendant Cuevas Susuico's Defendant Freddy Cuevas Susuico's Motion Motion in Liming Limine to Exclude All Evidence Exclude All Evidence Not Not Discovered Discovered by by Law Law Enforcement Enforcement asas of of April April14, 14, 2025 2025 People v. v. Susuico, CF0490-24 CF0490-24 Page Page 1l of of7 BACKGROUND I
2 On July July 19, 19, 2024, the People 2024, the People charged the Defendant charged the Defendantvia via Indictment Indictmentfor for the the following following
3 3 offenses: (1) Three offenses: (1) Three Counts CountsofofCOMPLICITY COMPLICITYTO TO COMMIT COMMIT BURGLARY BURGLARY (As (Asaa2nd 2nd Degree Degree 4 . . . . . Felony) Felony) wlth with aa Notlce Notice of ofCommlsslon Commissionof ofaaFelony Felonywhile whileon onFelony FelonyRelease, Release; and and (2) (2) Three Three Counts Counts 5 of of THEFT THEFT BY BYRECEWING RECEIVING(As (Asa a2nd 2ndDegree Degree Felony). Felony). See See generally generally Indictment (July 19, 19, 2024). 6 6
7 On October October 29, 29, 2024, 2024, the the People People subsequently subsequently filed aa Superseding Superseding Indictment Indictment for the the same same 7
s8 offenses, but also also attaching attachingthe theNotice Noticeof of Commission of of a Felony Felony while on Felony Release to the
9 9 Second Chargeofof THEFT THEFT BY BY RECEWING RECEIVING (As (As a a2nd 2ndDegree Degree Felony). Felony). See See generally generally Second Charge 10 10 Superseding Indictment Indictment (Oct. 29, 2024). 11 The court issued its Criminal Criminal Trial Scheduling Scheduling Order, setting deadlines deadlines for the parties' 12 12
13 13 pretrial pleadings in anticipation for trial. Namely, Namely, the the court court set set April April14, 14, 2025, 2025, as as the the deadline deadline
14 14 for for the parties to to submit submitmutual mutualdiscovery discoveryor orfile file a Motion Motion to Compel Discovery. Discovery. See See Crum. Trial Crim. Trial 15 15 Scheduling Order (Dec. Scheduling Order (Dec. 20, 2024). 2024). Additionally, the the court court ordered ordered the the parties parties to submit submit all 16 16 motions by April April 28, 28, 2025. Id. Leading 2025. Id. Leadingup up to to trial, trial, which which was was previously previouslyscheduled scheduled for for June June 16, 16, 17 17 18 2025, the Defendant 2025, the Defendant filed filed seven seven motions. On On January 6,2025, January 6, 2025,the theDefendant Defendantfiled filedhis hisMotion Motion to 18
19 19 Suppress Evidence, including all allegedly Suppress Evidence, allegedly involuntary involuntarystatements statements made by the Defendant to law
20 enforcement, enforcement; and all unrecorded (through video or or audio) audio) statements statements made made by the Defendant to 21 law enforcement. See Mot. Suppress (Jan. 6, Suppress (Jan. 6, 2025). 2025).The The People People filed filed its its Opposition Opposition in in response response 22 to the the Motion Motion to to Suppress Suppress on on January See generally January 17, 2025. See generally Ppl.'s Ppl.'s Opp'n Opp'nSuppress Suppress (Jan. (Jan. 17, 17, 23
24 24 2025).
25 25 The Defendant later filed filed the following followingmotions motions on onApril April28, 28,2025 2025:: (1) Defendant Freddy
26 26 Cuevas Susuico's Motion Motion to Disiniss Indictment, (2) Defendant Freddy Cuevas Dismiss Indictment; Cuevas Susuico's Susuico's Motion Motion 27 27 in Liming Limine to Prohibit Defendant's Statements at Trial; Statements at Trial, (3) Defendant Defendant Freddy Freddy Cuevas Cuevas Susuico's Susuico's 28
Decision Decision & & Order Order Re. Re. Defendant Defendant Freddy Cuevas Susuico's Motion Motion in Liming Limine to Exclude AI1 All Evidence Not Not Discovered Discovered by by Law LawEnforcement Enforcement as as of April April 14, 14, 2025 2025 People v. v. Susuico, Susuico, CF0490-24 Page 22 of7 off Motion in Limine to Exclude Exclude Mug Shots, Shots; (4) Defendant Defendant Freddy Freddy Cuevas Susuico's Motion Cuevas Susuico's Motion in 1
2 Liming Limine to Exclude Exclude Any Any Prosecution Prosecution Expert Expert from Testifying, Testifying; (5) (5)Defendant Defendant Freddy Freddy Cuevas Cuevas
3 Susuico's Motion in Limine to Exclude Evidence of ofAny Any Misconduct Misconduct Committed Committed During Pretrial 4 Detention and Pretrial Release; and Pretrial Release, and and (6) (6) Defendant Freddy Freddy Cuevas Cuevas Susuico's Susuico's Motion Motion inLimine inLiming to 5 Exclude All All Evidence Evidence Not NotDiscovered Discoveredto to Defendant Defendant by by Law Law Enforcement Enforcement as as of of April April 14, 14, 2025 2025 6
("Motion ("Motion in Liming"). Limine"). 7
8 Despite proper service that was effectuated for these motions in liming, limine, the People had had 9 filed no filed no responses as of responses as of the the Motion Motion Hearing, which which was previously scheduled scheduled for May May 28, 28, 2025. 2025. 10 10 As a sanction for As for the thePeople's People's failure to timely file fileresponses responses to the Defendant's Defendant's motions inlimine, limine, 11 11 the court barred the barred any any oral oral argument argumentform form the the People People at the the continued continued Motion Motion Hearing scheduled scheduled 12 12
13 for June 17, 2025. June 17, 2025.See SeeMot. Mot. Hr'g Hr'g Mins. at at 10:29:46 10:29:46 --. 32:04AM 32:04AM (May 28, 2025). 2025). However, the
14 court permitted the the People People leave of ofcourt court to file file late late responses responses to the Defendant's Defendant's motions no later
15 15 than close close of ofbusiness business on on June June 4, 2025. Jd.11 2025. Id. 16 16 In accordance with the accordance with the court's court's new new deadline, deadline, the thePeople People filed filed the the following following responses responses to 17 17 the Defendant's the Defendant's motions motions mentioned mentionedabove: above:(1) (1) People's People's Opposition to Defendant's Opposition to Defendant's Motion to 18 18
19 19 Dismiss Indictment; Indictment, (2) (2) People's People's Opposition Opposition to Defendant's Motion in Limine to Prohibit Use of
20 Defendant's Statements at Trial, (3) People's at Trial; People's Non-Opposition Non-Opposition to to Defendant's Motion in Limine Defendant's Motion Limine 21 to Exclude Mug Shots; Shots, (4) (4) People's People's Opposition inLiming to Exclude Any Opposition to Defendant's Motion inLimine 22 Prosecution Expert Expertfrom fromTestifying; Testifying, (5) People's People's Opposition Opposition to Defendant's Motion inLimine to 23
24 24 11 If If aa motion motion is is untimely untimely filed, filed, the the court court may may allow the the filing filing ofof motions beyond the time limit previously set by the 25 25 court. court. SeeSee 88 GCA GCA §§ 65.45 65.45 ("Failure ("Failure byby aa party party to to raise raise defenses defenses or objections or or objections make requests to make or to which must requests which must bebe made prior to made prior to trial, at the trial, at the time time set set by by the the court court pursuant pursuant to 65.15, to §§ 65 prior to or prior .15, or to any any extension extension thereof thereof made made by by the the 26 26 court, shall constitute constitute aa waiver waiver thereof, thereof, but but the the court court for for cause cause shown may grant grant relief relief from the waiver."). Despite People's failure the People's failure to to timely timely file file responses responses inin this this case, the court still has an obligation to to analyze the merits of of the 27 27 issue before it. it. In Petition of of Quitugua v. v. Flores, Flores, the Supreme Court Court of of Guam Guam held held that that "the "the failure failure to to file file a written opposition, the filing of of a notice non-opposition, or or the disregard of of untimely filed papers" does not relieve the lower 28 28 court of of its obligation to consider the merits of a motion motion before rendering its decision. Petition of of Quitugua v. v. Flores, Flores, 2004 GuamGuam 19 ,r,r 27-28. 19 111127-28.
Decision Decision &&Order OrderRe. Re. Defendant Cuevas Susuico's Defendant Freddy Cuevas Susuico'sMotion Motion in Limine Limine to to Exclude All Evidence Exclude All Evidence Not Not Discovered Discovered by by Law Law Enforcement Enforcement as April 14, as of April 14, 2025 2025 People v. v. Susuico, CF0490-24 Page Page 3 of7 Exclude Evidence Evidence of of Any Any Misconduct Misconduct Committed CommittedDuring During Pretrial Pretrial Detention Detention and and Pretrial Release, Pretrial Release; I
22 and (6) People's Opposition to Defendant's Motion in Limine to Exclude Opposition to Exclude All Evidence Evidence Not Not 3 Discovered to Defendant Defendant by Law Enforcement Enforcement as of of April 14, 2025 2025 ("People's ("People's Opposition"). Opposition"). 4 In his Motion in Limine, Liming, the Defendant Defendant argues that the People should be prohibited from 5 introducing evidence evidence that that was not discovered to him by the court's April 14th discovery discovery deadline. deadline. 6
7 See Def.'s Mot. Limine Liming Apr. 14, 2025 (Apr. (Apr. 28, 28, 2025). 2025). In In its its Opposition, Opposition, the the People People respond that 7
8 all discoverable discoverable evidence currently within its office's possession has already been disclosed to
99 the Defendant. See Ppl.'s's Opp'n Opp'nApr. Apr. 14, 14, 2025 2025 (June (June 4, 4, 2025). 2025). On On June June 17, 17, 2025, all parties were 10 10 . . present before the the court to to address address the the Defendant's Defendant's pending pending motions motions in in thls case. After this case. After hearing hearing 11 11 the parties' arguments arguments on on all all motions, motions, the the court court took took the the Motion Dismiss under Motion to Dismiss under advisement. 12 12
13 DISCUSSION
14 14 While no general general constitutional constitutional right to discovery exists in a criminal case "the right to 15 15 pre-trial discovery is strictly strictly limited limited to that which which is permitted by statute or court rule rule mandated mandated 16 16 by constitutional constitutional guarantees." guarantees." People v.v. Oralla, 2004 Guam 5 ,r199 (citing Orallo, 2004 (citing Weatherford Weatherfordv. Burses, Bursey, 17 17 18 429 U.S. 545, 559, 97 S.Ct. S.ct. 837, 837, 846 (1977), (1977); Cole v. State, State, 835 A.2d 600, 600, 608 (Md. 2003)). 8 18
19 19 GCA GCA §§ 70.10 relays the 70.10 relays the People's People's discovery discovery obligations obligations as follows: as follows:
20 20 (a) Except (a) Except as as otherwise otherwise provided providedby §§ 70.20 by§§ 70.20 and 70.30, at and 70.30, time after any time at any after the the first first appearance upon noticed appearance upon noticed motion by the defendant, defendant, the court court shall shall order the 21 prosecuting attorney to prosecuting attorney to disclose disclose toto the defendant's defendant's attorney attorney or permit the 22 defendant's attorney to inspect and copy copy the the following following material and information within his possession possession or control, control, the the existence existence ofof which which is is known, or by the 23 exercise of due diligence may become become known known toto the the prosecuting prosecuting attorney: 24 (1) the name andand address ofof any person whom the prosecuting attorney intends 25 as aa witness to call as witness at at the the trial, trial,together together with with his his relevant relevant written written or recorded recorded statement, statement; 26 26 (2) any written or recorded statement statement and the the substance substance ofof any oral statement 27 made by the defendant defendant or or made made byby aa co-defendant co-defendantififthe the trial trial is is to be a joint one, one; 28
Decision Decision & Order Order Re.Defendant Freddy Cuevas Defendant Freddy CuevasSusuico's Susuico'sMotion Motion in Liming Limine to Exclude All All Evidence Evidence Not Not Discovered Discovered by by Law Law Enforcement Enforcement as as of of April April14, 14, 2025 2025 People People v. v. Susuico, CF0490-24 CF0490-24 Page Page 4 of7 (3) any any report report oror statement statement of of an an expert, expert, made made in in connection connection with thethe case, case, 1 including results results ofof physical or mental examinations examinations and andofof scientific scientific tests, 2 experiments or comparisons, comparisons; (4) 4) any any book, book, paper, paper, document, photograph or document, photograph or tangible tangible object, obi et, which which thethe 3 prosecuting attorney intends intends to to use use in in the the trial trial or or which was obtained from or or belonged belonged to thethe defendant, defendant; 4 (5) any any record record of ofprior priorcriminal criminal convictions convictionsofofpersons persons whom whom thethe prosecuting prosecuting 5 attorney intends to to call as witnesses at the the trial; trial, (6) 6) whether whetherthere there has electronic surveillance of conversations to which has been an electronic 6 the defendant waswas party party or or of his premises, premises; (7) any anymaterial material ororinformation informationwhich whichtends tends toto negate negate the guilt guilt of ofthe the defendant 7 as to the the offense charged or would tend to reduce his punishment charged or would tend to reduce his punishment therefor. therefor. 8 8 8 GCA GCA §§70.l0(a). 70.l0(a).This Thisdiscovery discoveryobligation obligationextends extendstotomaterial material information information controlled controlled by by aa 9
10 prosecutor's prosecutor's staff staffas as well wellas as others others who who may may report report to them them regularly or or with with regard regard to to aa particular
11 case.See case. People v.v. Tuncap, People Tuncap, 1998 Guam (citing 88 GCA ,r (citing Guam1115 GCA §§ 70.10(b)). 70.l0(b)). Further, Further, all all parties parties have have 12 12 a continuing duty to continuing duty to disclose to the other other party, attorney, attorney, or the court "additional material material or 13 information information previously previously requested requested or. ordered,which or ordered, whichisissubject subjecttotodisclosure." disclosure." 88GCA GCA §§ 70.40. 70.40. 14 14 Although the the Defendant does not Defendant does not assert that the assert that the People People have have violated its discovery discovery 15 15
16 16 obligation obligationunder under 88 GCA GCA§§70. he nonetheless 70.10, he nonetheless seeks seeksto toexclude exclude "all "all physical, physical, documentary, documentary, and and
17 17 testimonial evidence" that testimonial evidence" not disclosed was not that was disclosedto to the the Defendant Defendantby byApril April 14, 14, 2025. 2025.Def.' Def.'s s Mot. 18 18 Limine Apr. 14, 14, 2025 at 1. the same 1. In the same Motion Motion in Liming, Limine, the Defendant notes that that this request 19 19 does serve as does not serve as "a waiver waiver of ofany any ofofDefendant's Defendant'sright righttotoreceive receiveand anduse use atattrial trial materials materials 20 20 favorable on the issue of guilt or sentence, issue of andwhich sentence, and which affects affects the the credibility credibility of the the prosecution's 21
22 22 case." Id. at at 2. At At the the Motion Motion Hearing, Hearing, the the Defendant Defendant reminded the the People People of its obligation obligation under under 23 Brady to seek out exculpatory exculpatory evidence and produce it to the Defendant in preparation preparation for for trial. trial. and produce 24 . .. . . 2 4 Mot. H'rg See Mot. H'rgMrs. Mins. at at 2:54:00- 56:36PM 2:54:00 - 56:36PM (June (June 17,17, 2025).By 2025).2 By waitingunt11 waxtlng until aa short short period period of of 25
27 27 2 "The disclosure of exculpatory evidence is required by section 70.10(a)(7) which codifies and expands upon the 2 "The disclosure of exculpatory evidence is required section 70.10(a)(7) which codifies and expands upon the constitutional due process requirement, requirement, set set forth forth in Brady v. v. Maryland, Maryland, 373 U.S. 83, 83, 83 S. Ct. Ct. 1194 1194 (1963), (1963), that that the the 28 28 prosecution must mustdisclose disclose evidence evidence favorable favorable to the defendant defendant which is material material to guilt guilt or or punishment." punishment." Orallo, Oralla, 2004 Guam ,r 12. Guam 55 1112. Decision & Order Re.Defendant Freddy Order Re. Freddy Cuevas CuevasSusuico's Susuico'sMotion Motion in inLiming Limine to Exclude All Evidence Exclude All Evidence Not Not Discovered Discovered by by Law Law Enforcement Enforcement as as of April April 14, 14, 2025 2025 People v. Susuico, CF0490-24 Page Page 5 of7 time before trial to interview witnesses, the Defendant Defendant argues argues that that itit causes an issue with his right 1
2 trial and to a fair trial and to to prepare prepare for such trial. trial. Id. Id
3 Despite the People's People's reassurance reassurance that it has already disclosed all discoverable discoverable evidence 4 currently within its office's possession, the People also also note that it intends to disclose additional 5 discoverable evidence, including discoverable evidence, including witness witness interviews, interviews, which which the the Attorney Attorney General's General's Office Office 6
7 commonly commonly conducts conducts "in "in the the lead-up lead-up to trial." trial." Ppl.'s PpI.'s Opp'n Opp'n at 1-2.
8 When nearing the the day day of of jury jury selection selection and and trial, trial, the court recognizes that the state of of the
9 evidence in a case may not not always always remain as it was on the court's preset deadline to exchange IO 10 discovery. Although the discovery. Although the Defendant Defendant indicated indicated that that he he served sewed the the People People with aa Request Request for for II 11 Disclosur Disclosuree on on November November 12, 12, 2024, 2024, he he filed filed no motion for for discover discoveryy or motion to compel compel 12
13 discovery by April 14, 14, 2025, to ensure such disclosure before trial. See Def.' trial. See Def.'s Mot. Limine Liming Apr.
14 14 14, 14, 2025 2025 at 1. 1. While the the Defendant Defendant reminds reminds the court court of his right right to prepare prepare a defense in 15 15 anticipation of trial, anticipation of trial, the the court court notes notes that that itit vacated vacated the the most recent trial trial date date to address address the 16 16 Defendant's Defendant's pending pending motions. motions. See See Mot. Mot. H'rg H'rg Mins. Mins. atat 10:17:50AM 10: 17:50AM (May (May 28, 28, 2025). Because of of 17 17 this, along with the Defendant's this, Defendant's waiver waiver of ofspeedy speedytrial, trial, either either party party still still has the opportunity opportunity to 18 18
19 19 request this court for a continuance, if necessary, to review additional additional discoverable discoverable evidence, evidence;
20 20 should any be timed turnedover overon onororbefore beforeaanewly newlyissued issuedtrial date. 3 trial date.3 21 At this time, the Defendant's general request to exclude all evidence not discovered by 22 law enforcement enforcement as of of the court's April 14th deadline is premature when the Defendant has made 23 23 24 no showing of of the exculpatory or nonexculpatory no exculpatory nature of any undisclosed evidence within the 24
25 25 People's possession. possession. Therefore, the court does not find itit appropriate to grant appropriate to grant the the Defendant's
26 Motion in Limine. Limine. 27
28 28 3 3 The Defendant The Defendant filed filed a written waiver of of speedy speedy trial twice. He He first waivedhis first waived rightto his right tospeedy speedy trial trial on on September September 2024, and 23, 2024; andwaived waivedagain againononNovember November21,21,2024. SeeWaiver 2024.See Waiver(Sept. (Sept.23, 23,2024); 2024),seeseealso alsoWaiver Waiver (Nov. (Nov. 21, 2024).
Decision Decision & & Order Order Re. Re. Defendant Freddy Cuevas Susuico's Susuico's Motion Motion in Liming Limine to Exclude All Evidence Evidence Not Not Discovered Discovered by by Law Law Enforcement Enforcement as as of April April 14, 14, 2025 2025 People v. Susuico, Susuieo, CF0490-24 Page Page 66 of7 off CONCLUSION
2 For reasons stated above, the court hereby DENIES Defendant Freddy Cuevas Susuico's
3 Motion in Limine to Exclude All Evidence Not Discovered by Law Enforcement as of April 14, 4 2025, notwithstanding the parties' continuing duty to disclose under 8 GCA § 70.40. 5
7 SEP O9 2025 SO ORDERED this ----------- 8
12 HONORABLE ALBERTO E. TOLENTINO 13 Judge, Superior Court of Guam
23 SERVDCle VRA E-M.Alll.. I acknowledge that an electronic copy of the original was e-mailed to: A-fi; II- &w¼ . . ~ 24
26 Date: Clfops-nme: lf.'tf/a.n,.. 27 Deputy Clerk. Su er:or Court of Guam
Decision & Order Re. Defendant Freddy Cuevas Susuico's Motion in Limine to Exclude All Evidence Not Discovered by Law Enforcement ;is of April 14, 2025 People v. Susuico, CF0490°24 Page 7 of7