I
¥="i§_.§-:Q SUPERIOR cousin UF QUAD 1 ism Aus 26 AHll= 25 2 CLERK OF COURT 3 do J 4 IN THE SUPERIOR COURT OF GUAM 5 6 PEOPLE OF GUAM, ) CRIMINAL CASE no. CF0415-19 ) 7 ) vs. ) DECISION AND ORDER DENYING 8 ) DEFENDANT'S MOTION AND ) APPLICATION FOR BAIL 9 JONATHAN TORRES TEDTAOTAO, ) REDETERMINATION 10 DOB: 04/25/1971 ) ) 11 ) DEFENDANT. ) 12 I
13 Introduction I I
14 This matter came before the Honorable Maria T. Cenzon on August 13, 2019 for a
15 hearing on Jonathan Tories Tedtaotao's ("Defendant") Motion and Application for Bail I
16 Redetermination under 8 GCA § 40.50 for Release on Personal Recognizance ("Motion for
17 Release"). Defendant was present and represented by Assistant Public Defender Zachary
18 Taimanglo. Assistant Attorney General Alysa Draper-Dehait represented the People of Guam
19 (the "People"). Having reviewed the record arid relevant law, the Court ruled from the bench
20 DENYING Defendant's Motion for Release. The Court now issues this written Decision and | I
21 Order memorializing its ruling in compliance with 8 GCA §40.50(a). | I | |
22 Background
23 The Indictment alleges the following offenses: burglar (as a 2nd Degree Felony) with a I
24 Notice: Commission of a Felony while on Felony Release, Theft (as a 2"d Degree Felony) with a
25 Notice: Commission of a Felony while on Felony Release, Criminal Trespass (as a
26 Misdemeanor) and Criminal Mischief (as a Misdemeanor). Indictment (Jul. 29, 2019). The
27 victim reported that her home was allegedly burglarized on May 20, 2019. The victim was able
28 People v. Jonathan Torrey Tedtaotao; CF0415-19 D&O Denying Defendant's Motion and Application for Bail Redetermination Page l off J 1 to retrieve a video footage depicting the suspect in this case. The victim then posted the video on
2 social media seeldng the public's help in identifying the suspect. According to the police, they
3 received an anonymous call identifying the Defendant as the alleged suspect in that video. The
4 victims also reported that they received a response on social media identifyingthe defendant as
5 the person on that video. The victim additionally reported that a second video allegedly portrays
6 the defendant carrying the victim's backpack while walling in the victim's condominium
7 complex. At the time the alleged offense occurred, Defendant was on pre-trial release for
8 CF0225-18, which is also assigned to this Court. ,
9 Defendant is confined pending the posting of Ten Thousand Dollars ($10,000) cash bail.
10 Commitment Order (Jul. 29, 2019). On August 7, 2019, Defendant tiled the instant Motion for
11 Release. The People did not file an opposition to the instant motion, but orally expressed their
12 opposition at the motion hearing.
13 Discussion
14 Guam law provides "[t]he judge shall order the person charged to be released on
15 recognizance, unless the judge determines, in his discretion, on the basis of available | I
16 information, rhaz such a release will not reasonably assure the appearance of the person as |
17 required or will endanger the safely of any other person or the community." 8 GCA § 40.15(b)
18 (emphasis added). The factors are: I
19 (1) the nature of the offense charged, the apparent possibility of conviction and the likely sentence, 20 (2) the history and characteristics of the person charged, including: (i) length of his/her residence on Guam 21 I
(ii) his/her employment status and history, and financial condition; 22 (iii) his/her family ties and relationships, (iv) his/her reputation, character and mental and physical condition; 23 (v) his/her prior criminal record, if any, including any record of prior I release on recognizance or on bail, I
24 (vi) his/her history relating to drug or alcohol abuse, 25 (vii) the identity of the reasonable members of the community who will vouch for his/her reliability, 26 (viii) whether, at the time of the current offense or arrest, he/she was on probation, on parole or on other release pending trial, sentencing, appeal 27
28 People v. Jonathan Torrey Tedmofao, CF0415-19 D&O Denying Defendant's Motion and Application for Bail Redetermination Page 2 of 4 J 1 or completion of sentence of an offense under Federal, state or local law, and 2 (ix) his/her history of compliance with other Court orders , (3) the nature and seriousness of the danger the person would pose to the 3 community or to any individual member thereof if released, and 4 (4) any other factors which bear on the risk of willful failure to appear or the danger the person would pose to the community or to any individual members 5 thereof if released.
6 Id. §40.l5(c).
7 If a Court finds that a release on his own recognizance would not assure a defendant's
8 appearance or would present a danger to any other person or the community, the Court may still
9 permit release subject to certain conditions under 8 GCA §40.20. These conditions include: 10 (a) Placement of the person in the custody of a designated person or organization 11 agreeing to supervise him/her and ro assist him/her in appearing in Court, (b) Placement of restrictions on the activities, movements, associations and 12 residence of the person, (c) Execution of a bond in an amount specified by the judge, such bond in the 13 discretion of the judge to be either unsecured or secured in whole or in part by the |
deposit of cash or other property, or by the obligation of qualified sureties, 14 (d) Release of the person during worldng hours, but with the condition that he/she 15 return to custody at specified times, or (e) Any other condition reasonably necessary to assure appearance as required I I
16 and the safety of any other person and the community. I
17 Id. § 40.20. Under this section, the least onerous conditions shall be imposed to ensure I I
18 Defendant's appearance as required and safety of any other person and the community. I
19 In support of his motion, Defendant offers that he is on stand-by status at JJ Global for
20 employment. Defendant also adds that he has completed community service work and continues 21 I
to attend counseling in his other case, CF0225-18. Defendant also adds that he lacks the means 22 to present a flight risk. 23 I
The Court is familiar with the status and services offered to Defendant in CF0225-18 as I 24 that case is also before this Court. The Court is not convinced that release on his own 25 . . . . , recognizance is appropriate under these circumstances. The Court hist looks to the Defendant s
history and characterlstlcs. The Court is famlhar wlth Defendant s extenslve prior cr1m1na1 27 record. The Court is also well aware of the fact that Defendant was on pre-trial release for 28 People v. Jonathan Torrey Tedlaotao; CF0415-19 D&O Denying Defendant's Motion and Application for Bail Redetermination Page 3 off J 1 CF0225-18 at the time the alleged offense in this case occurred Based on these information, the
2 Court finds Defendant's release on his own recognizance in this case cannot be assure this Court
3 that the Defendant would comply with future orders of the Court and the Court cannot be
4 assured that the Defendant will appear in future hearings.
5 The Court also finds t hat t he nature of the offense charged and Defendant's I I
6 noncompliance suggests the Defendant's release on his own recognizance may present a danger
7 to the victim and/or members of the community.
8 Under 8 GCA § 40.20, the Court finds the least onerous condition in this case is the
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I
¥="i§_.§-:Q SUPERIOR cousin UF QUAD 1 ism Aus 26 AHll= 25 2 CLERK OF COURT 3 do J 4 IN THE SUPERIOR COURT OF GUAM 5 6 PEOPLE OF GUAM, ) CRIMINAL CASE no. CF0415-19 ) 7 ) vs. ) DECISION AND ORDER DENYING 8 ) DEFENDANT'S MOTION AND ) APPLICATION FOR BAIL 9 JONATHAN TORRES TEDTAOTAO, ) REDETERMINATION 10 DOB: 04/25/1971 ) ) 11 ) DEFENDANT. ) 12 I
13 Introduction I I
14 This matter came before the Honorable Maria T. Cenzon on August 13, 2019 for a
15 hearing on Jonathan Tories Tedtaotao's ("Defendant") Motion and Application for Bail I
16 Redetermination under 8 GCA § 40.50 for Release on Personal Recognizance ("Motion for
17 Release"). Defendant was present and represented by Assistant Public Defender Zachary
18 Taimanglo. Assistant Attorney General Alysa Draper-Dehait represented the People of Guam
19 (the "People"). Having reviewed the record arid relevant law, the Court ruled from the bench
20 DENYING Defendant's Motion for Release. The Court now issues this written Decision and | I
21 Order memorializing its ruling in compliance with 8 GCA §40.50(a). | I | |
22 Background
23 The Indictment alleges the following offenses: burglar (as a 2nd Degree Felony) with a I
24 Notice: Commission of a Felony while on Felony Release, Theft (as a 2"d Degree Felony) with a
25 Notice: Commission of a Felony while on Felony Release, Criminal Trespass (as a
26 Misdemeanor) and Criminal Mischief (as a Misdemeanor). Indictment (Jul. 29, 2019). The
27 victim reported that her home was allegedly burglarized on May 20, 2019. The victim was able
28 People v. Jonathan Torrey Tedtaotao; CF0415-19 D&O Denying Defendant's Motion and Application for Bail Redetermination Page l off J 1 to retrieve a video footage depicting the suspect in this case. The victim then posted the video on
2 social media seeldng the public's help in identifying the suspect. According to the police, they
3 received an anonymous call identifying the Defendant as the alleged suspect in that video. The
4 victims also reported that they received a response on social media identifyingthe defendant as
5 the person on that video. The victim additionally reported that a second video allegedly portrays
6 the defendant carrying the victim's backpack while walling in the victim's condominium
7 complex. At the time the alleged offense occurred, Defendant was on pre-trial release for
8 CF0225-18, which is also assigned to this Court. ,
9 Defendant is confined pending the posting of Ten Thousand Dollars ($10,000) cash bail.
10 Commitment Order (Jul. 29, 2019). On August 7, 2019, Defendant tiled the instant Motion for
11 Release. The People did not file an opposition to the instant motion, but orally expressed their
12 opposition at the motion hearing.
13 Discussion
14 Guam law provides "[t]he judge shall order the person charged to be released on
15 recognizance, unless the judge determines, in his discretion, on the basis of available | I
16 information, rhaz such a release will not reasonably assure the appearance of the person as |
17 required or will endanger the safely of any other person or the community." 8 GCA § 40.15(b)
18 (emphasis added). The factors are: I
19 (1) the nature of the offense charged, the apparent possibility of conviction and the likely sentence, 20 (2) the history and characteristics of the person charged, including: (i) length of his/her residence on Guam 21 I
(ii) his/her employment status and history, and financial condition; 22 (iii) his/her family ties and relationships, (iv) his/her reputation, character and mental and physical condition; 23 (v) his/her prior criminal record, if any, including any record of prior I release on recognizance or on bail, I
24 (vi) his/her history relating to drug or alcohol abuse, 25 (vii) the identity of the reasonable members of the community who will vouch for his/her reliability, 26 (viii) whether, at the time of the current offense or arrest, he/she was on probation, on parole or on other release pending trial, sentencing, appeal 27
28 People v. Jonathan Torrey Tedmofao, CF0415-19 D&O Denying Defendant's Motion and Application for Bail Redetermination Page 2 of 4 J 1 or completion of sentence of an offense under Federal, state or local law, and 2 (ix) his/her history of compliance with other Court orders , (3) the nature and seriousness of the danger the person would pose to the 3 community or to any individual member thereof if released, and 4 (4) any other factors which bear on the risk of willful failure to appear or the danger the person would pose to the community or to any individual members 5 thereof if released.
6 Id. §40.l5(c).
7 If a Court finds that a release on his own recognizance would not assure a defendant's
8 appearance or would present a danger to any other person or the community, the Court may still
9 permit release subject to certain conditions under 8 GCA §40.20. These conditions include: 10 (a) Placement of the person in the custody of a designated person or organization 11 agreeing to supervise him/her and ro assist him/her in appearing in Court, (b) Placement of restrictions on the activities, movements, associations and 12 residence of the person, (c) Execution of a bond in an amount specified by the judge, such bond in the 13 discretion of the judge to be either unsecured or secured in whole or in part by the |
deposit of cash or other property, or by the obligation of qualified sureties, 14 (d) Release of the person during worldng hours, but with the condition that he/she 15 return to custody at specified times, or (e) Any other condition reasonably necessary to assure appearance as required I I
16 and the safety of any other person and the community. I
17 Id. § 40.20. Under this section, the least onerous conditions shall be imposed to ensure I I
18 Defendant's appearance as required and safety of any other person and the community. I
19 In support of his motion, Defendant offers that he is on stand-by status at JJ Global for
20 employment. Defendant also adds that he has completed community service work and continues 21 I
to attend counseling in his other case, CF0225-18. Defendant also adds that he lacks the means 22 to present a flight risk. 23 I
The Court is familiar with the status and services offered to Defendant in CF0225-18 as I 24 that case is also before this Court. The Court is not convinced that release on his own 25 . . . . , recognizance is appropriate under these circumstances. The Court hist looks to the Defendant s
history and characterlstlcs. The Court is famlhar wlth Defendant s extenslve prior cr1m1na1 27 record. The Court is also well aware of the fact that Defendant was on pre-trial release for 28 People v. Jonathan Torrey Tedlaotao; CF0415-19 D&O Denying Defendant's Motion and Application for Bail Redetermination Page 3 off J 1 CF0225-18 at the time the alleged offense in this case occurred Based on these information, the
2 Court finds Defendant's release on his own recognizance in this case cannot be assure this Court
3 that the Defendant would comply with future orders of the Court and the Court cannot be
4 assured that the Defendant will appear in future hearings.
5 The Court also finds t hat t he nature of the offense charged and Defendant's I I
6 noncompliance suggests the Defendant's release on his own recognizance may present a danger
7 to the victim and/or members of the community.
8 Under 8 GCA § 40.20, the Court finds the least onerous condition in this case is the
9 execution of a bond in the amount specified by the Magistrate Judge or placement of the
10 Defendant in the custody of a designated person - a third party custodian. The Court also
11 recognizes that there is nothing to suggest the circumstances at this hearing vary from the time
12 the Magistrate Judge considered setting Defendant's bail at $10,000.
13 Conclusion |
14 For the reasons set forth above, the Court DENIED Defendant's Motion and Application
15 for Bail Redetermination for Release on Personal Recognizance.
16 Aus 26 sum 17 SO ORDERED this 9 nun pro tune ro August 13, 2019. I *| 18 /w ~ . =I 19 1?/ 20 h
HOfQiaKBLE MARIA T. CENZON 21 JiJD§E; SUPERIOR COURT OF GUAM 22 SEEVQGE 'Wit COURT as; 23 I acknowledge Thai a copy of the II ll original heretoWas peaced In the I 24
25 c BWI JWOSU I
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28 People v. Jonathan Torrey Tedtaotao;CF0415-19 D&O Denying Defendant's Motion and Application for Bail Redetermination Page 4 of 4 1 v