People v. Tedtaotao

Opinion

I

L3K; SU?ERlGR cow . DF GUAH

1 zala JUN -8 AH 9: Uh

2 CLERK GF COURT

4 IN THE SUPERIOR COURT OF GUAM 5 6 THE PEOPLEOF GUAM, ) CRHVIINAL CASE no. CF0225-18 ) v. ) 7 ) DECISION AND ORDER DENY1NG 8 JONATHAN TORRES TEDTAOTAO, ) DEFENDANT'S MOTION AND DOB: 04/25/19719 APPLICATION FOR BAIL ) 9 ) REDETERMINATION HEARING DEFENDANT. 10 ) ) 11 ) ) 12

13 INTRODUCTION 14 This matter came before the Honorable Maria T. Cenzon on May 22, 2018 for Defendant

15 John Tories Tedtaotao ("Defendant") Motion and Application for Bail Redetermination Hearing

16 Under 8 GCA § 40.50 for Release on Personal Recognizance (the "Motion for Release").

17 Defendant was present and represented by Assistant Public Defender William Jones. The People

18 of Guam were represented by Assistant Attorney General Terry VanEaton. Having reviewed the

19 parties' arguments, the record, and the relevant law, the Court ruled from the bench DENYING

20 Defendant's Motion for Release. The Court issues this Decision and Order to memorialize its

21 ruling and in compliance with 8 Guam Code Annotated ("GCA") § 40.50.

22 BACKGROUND

23 Defendant is charged with: BURGLARY (as a 2nd Degree Felony), Two Counts of

24 THIRD DEGREE ROBBERY (as a 3rd Degree Felony), and Two Counts of ASSAULT (as a

25 Misdemeanor). Defendant is accused of entering an acupuncture clinic with the intent to commit

26 theft. People's Opp. to Mot. for Release on Personal Recognizance, at p. 2 (Apr. 30, 2018). 27

28 People v. Jonathan Tories Tedraotao; CF0225-I8 D & O De nying Defendant's Motion and Application f or Bail Redetemlination Hearing Page l of 3 1 Defendant allegedly took the victim's purse from an office inside the clinic and struck the victim

2 and her husband during his escape. Id.

Defendant is confined pending the posting of ten thousand dollars ($l0,000) cash bail. 3 Magistrate's Hearing (Apr. 13, 2018). Defendant filed the instant Motion for Release on April 4 5 24, 2018. The People opposed the Motion for Release for reasons provided in its Opposition to

6 Motion and Application for Bail Redetermination for Release on Personal Recognizance (Apr.

7 30, 2018). 8 LAW

9 Title 8 of the Guam Code Annotated § 40.l5(b) provides that the Court must "order the

10 person charged to be released on recognizance, unless the judge determines, in his discretion, on

11 the basis of available information, that such a release will not reasonably assure the appearance

12 of the person as required or will endanger the safety of any other person or the community."

13 (emphasis added). In malting such a determination, the Court is guided by the following factors: 14 (1) The nature of the offense charged, the apparent possibility of conviction and the likely sentence, 15 (2) The history and characteristics of the person charged, including: 16 (A) length of his residence on Guam, (B) his employment status and history, and financial condition, 17 (C) his family ties and relationships (D) his reputation, character, and mental and physical condition, 18 (E) his prior criminal record, if any, including any record of prior release on 19 recognizance or on bail, (F) his history relating to drug or alcohol abuse; 20 (G) the identity of the reasonable members of the community who will vouch for his reliability, 21 (H) whether, at the time of the current offense or arrest, he was on probation, 22 on parole, or on other release pending triad, sentencing, appeal or completion of sentence of an offense under federal, state or local law, and 23 (I) his/her history of compliance with other court orders, 24 (3) The nature and seriousness of the danger the person would pose to the community or to any individual member thereof if released, 25 (4) Statements of the alleged victim or others as to previous incidences of violence and threats made to the alleged victim; 26 (5) Lethality risk assessments or other risk assessments deemed appropriate by the 27 Judiciary of Guam, and

People v. Jonathan Tories Tedraoroo; CF0225-18 D&O Denying Defendant's Motion and Application for Bail Redetermination Hearing Page 2 of 3 (6) Any other factors which bear on the risk of willful failure to appear or the 1 danger the person would pose to the community or to any individual member 2 thereof if released.

3 8 GCA §40.15(¢). 4 ANALYSIS

5 In addition to the arguments asserted in Defendant's written motion, Defendant proffers

6 if the motion is granted, he is willing to enter into a treatment program at the Lighthouse

7 Recovery Center. However, the circumstances at this point does not cause this Court to believe

8 Defendant's compliance and appearance and the safety of the community is assured, particularly

9 because Defendant has not been assessed by the program.l Further the Court relies on its

10 familiarity with the program and its extensive waiting list to secure enrollment. Therefore,

11 without an assessment or assurances for secured enrollment by Lighthouse Recovery, a

12 determination based on Defendant's new profound contention is premature. Relying on the 13 People's opposition and uncertainty of Defendant's admission into the inpatient program, the 14 Court concludes denial of Defendant's Motion is appropriate. Defendant, however, is not 15 precluded from lodging an appropriate request should the circumstances substantially or 16 materially change in the future. 17 CONCLUSION 18 For the reasons stated herein, the Court hereby DENIES Defendant's Motion and 19 Application for Bail Redeterminatiori Hearing for Release on Personal Recognizance. 20 A Pre-trial Conference is scheduled for January 8. 20 ]9,~at 11.0 0 a.m. , ..-" { ._ r 21 SO ORDERED this Jun 08 mg: . , nuns pa tune May 22, 2018. 22 SERVIGE via COURT Box 23 acknowledge that s copy of the original hereto was pla ._ |,

24 WW by o <- ., |

25 HONORABLE MARIA T. CENZON Data e: (UQ, JUDGE, SUPERIOR COURT OF GUAM 26 Demrv V ./wC:- »¢».l; 27 1The Court issued a/Order After Hearing (May 24, 2018) for transport of Defendant to the Lighthouse Recovery 28 Center for an assessment appointment scheduled on May 29, 2018.

People v. Jonathan Tories Tedraorao: CF0225-I8 D&O Denying Defendant's Motion and Application for Bail Redetermination I-Ieari ng Page 3 of 3