People v. Tedtaotao

Opinion

2 IN THE SUPERIOR COURT OF GUANI 3

4 THE PEOPLE OF GUAM, ) CRIMINAL CASE NO.: CF0218:.t3 ) 5 ) ) DECISION AND ORDER 6 vs. ) RE. MOTION FOR EXPERT ) EVALUATION AND OBJECTION TO 7 RAYMOND TEDTAOTAO, ) DISCLOSURE OF REPORT ANTHONY MENDIOLA, ) 8 ) KYLE J. CRUZ, ) 9 _____________________________) Defendants. ) lO

11 This matter carne before the Honorable Maria T. Cenzon on June 17, 2013 on: (1) 12 Defendant Kyle K. Cruz's ("Cruz") objection to the disclosure of his psychiatric evaluation l3 report to Defendant Tedtaotao and Defendant Mendiola, and (2) the People's Motion for an In 14

15 Camera Inspection of Juvenile Records, which was filed on June 6, 2013. Assistant Attorney

16 General Brian D. Gallagher represented the People of Guam (the "People"). Defendant 17 Raymond Tedtaotao was represented by Attorney Sam Teker. Defendant Anthony Mendiola 18 was represented by Attorney William Pole. Defendant Kyle Cruz was represented by Attorney 19

20 John Terlaje. The Court, having considered the pleading on file in the record and arguments

21 presented during the hearing of this matter issues the following Decision and Order 22 GRANTING Defendant Cruz's Motion for Expert Evaluation and DENYING request to seal the 23 resulting report. Additionally, the People's Motion is DENIED. 24

25 PROCEDURAL lllSTORY 26 On May 30, 2013, Defendant Cruz filed a Notice of Motion and Motion for Leave o 27 Court to Afford Written Notice Pursuant to 9 G.C.A. § 7.22 and for Expert Evaluation. Th 28 Court granted the motion on June 10, 2013. The evaluation was conducted on June 14, 2013. Page 1 of3 The Court, during the June 17, 2013 hearing, advised the parties that Defendant Cruz' 2 evaluation had been conducted and that a copy of the psychiatric report will be provided to th 3 parties after it has been submitted to the Court. Defendant Cruz objected to the disclosure of th 4 psychiatric evaluation report and the juvenile records under confidentiality grounds. Defendan 5

6 Tedtaotao and Defendant Mendiola maintained that, under the prosecution's continuing duty t

7 disclose, they are entitled to the report and records if they are made to available to the People. 8 The Court took the matter under advisement. 9 DISCUSSION 10

11 Defendant Cruz filed his motion asking for a psychiatric evaluation pursuant to 9 GCA

12 7.22. 9 GCA § 7.22(d) (emphasis added) states: 13 The defendant shall plead not guilty by reason of mental illness, 14 disease or defect, or shall give notice, in open court or in writing, that his mental condition will or may be in issue not 15 later than ten days after his arraignment or at such later time as the court for good cause may allow. If such notice is given 16 prior to or at the time of arraignment, the court shall defer the 17 entry of a plea until the filing of the reports provided in § 7.25. Upon the giving of such notice or upon a plea of not guilty by 18 reason of mental illness, disease or defect, the court shall order an examination to be conducted, as provided in§ 7.25. 19

20 According to 9 GCA § 7.25(g) (emphasis added), "[e]ach psychiatrist appointed by the cou

21 who examines the defendant pursuant to this Section shall file a written report with the clerk o 22 the court who shall deliver copies to each party." Therefore, based upon the above statuto 23 mandate of Sections 7.22 and 7.25, Defendant Tedtaotao and Defendant Mendiola are entitled t 24

25 receive a copy of Defendant Cruz's psychiatric evaluation report.

26 With regard to the People's request for an in camera inspection of Defendant Cruz' 27 juvenile records, the request is denied. The People's request was made for the purpose o 28 obtaining more information to prepare "a full and accurate response" to Defendant Cruz'

Page2of3 motion for psychiatric evaluation. See Affidavit in Support of Mot for an In Camera Inspectio 2 of Juvenile Records, filed June 6, 2013. However, because the Court granted Defendant Cruz' 3 motion for psychiatric evaluation, the People's request is denied as moot. 4 CONCLUSION 5

6 The Court finds that by placing Defendant Cruz's mental state at issue and requesting

7 evaluation pursuant to 9 G.C.A. Section 7.22 and 7.25, all parties are entitled to receive a copy o 8 the resulting report. Copies of Defendant Cruz's psychiatric evaluation report shall, therefore, b 9 made available to Defendant Tedtaotao and Defendant Mendiola. The Court further DENIES th 10

11 People's Motion for an In Camera Inspection of Juvenile Records as moot.

12 SO ORDERED this2

14 HO ORABLE MARIA T. CENZON 15 Judge, Superior Court of Guam 16

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