People v. Underwood

• Court: Superior Court of Guam
• Decided: April 19, 2019
• Docket: CF0255-18, CF0712-18
• Status: Unknown

Opinion

I

FiLED SUPERIGR CGURT 1 GF EEA? 2 ZBISAPR 19 in 16 312 3 CLERK UF couRT 4 By! 5

7 I: 8 IN THE SUPERIOR COURT OF GUAM I

9 PEOPLE OF GUAM CRIMINAL CASE NO.: CF0255-18 and 10 CF0712-18 11 vs. DECISION AND ORDER 12 (Defendant Underwood's Motion to JEssiE LYNN BABAUTA UNDERWOOD, Sever) 13 et al. DEFENDANT. 14

15 16

17 INTRODUCTION 18 This matter came before the Honorable Anita A. Sukola on April 6, 2018 on Jessie

19 : Lynn Babauta Underwood's ("Underwood") Motion to Sever. Attorney Terry E. Timblin

20 represents Underwood. Assistant Attorney General Matthew Phelps represents the People of

21 Guam ("People"). The Court held a Motion Hearing on this issue on March 18, 2019.

22 Attorney Phelps stated that he had no objection to Underwood's motion and the matter was

23 thereafter taken under advisement. Upon review of the written and oral arguments, and legal

24 authorities presented by the Parties, and for the reasons set out herein, the Court issues this

5 decision and order D E N Y IN G Underwood's Motion. ET6 H / E J

/// $57 L . /// 28 ; s; . Q, . CF0255-18 and CF0712-18, People of Guam v. Underwood, et al. Decision and Order (Motion to Sev.er) Page 1 of 4 I

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1 BACKGROUND 2 1. CF0255-18

3 On May 4, 2018, the People med an Indictment in CF0255-18. CF0255-18

4 Indictment (May 4, 2018). In this Indictment, Defendants Underwood, Enrique Harris

5 Guerrero ("Guerrero"), and Kala Joe Taitague ("Taitague") are each charged with

6 numerous drug offenses. Q The charges in the Indictment arise from an execution of a

7 search warrant on April 25, 2018. Declaration of James Collins in CF0255-18 (Apr. 26,

8 2018). During the execution of this warrant, Guam Police Department officers searched the i

9 residence of Guerrero. Q Officers found methamphetamines, marijuana, MDMA, and

10 LSD inside the residence. Q Guerrero indicated that he had recently been approached by

11 Underwood, who had requested to have packages delivered to his residence on her behalf.

13 Based on this information, the officers applied for and obtained a search warrant for

14 Underwood's residence. Q The officers subsequently executed the warrant, but

15 Underwood was not present. Q The officers were instead met by Taitague, who identified

16 i herself as Underwood's domestic partner. Q A search of the residence uncovered

17 methamphetamjnes and marijuana. & Taitague admitted that two grams of

18 methamphetamines belonged to her, but stated that the rest belonged to Underwood and

19 that Underwood was involved in the Sade of marijuana arid methamphetamine. Q

20 2. CF0712-18

21 On December 6, 2018, the People filed an Indictment in CF0712-18. CF0712-18

22 Indictment (Dec. 6, 2018). This kidictment contains numerous charges relating to drugs

23 and theft against Babauta, Taitague, Underwood, and Manuel Edward Due fas Aguon

24 i ("Aguon"). The People filed a Superseding Indictment on February 1, 2019, adding

25 charges of drug possession and fraudulent use of a credit card to a new defendant, Edward

26 Jinyuc Chong ("Chong"). Superseding Indictment (Feb. 1, 2019). The charges in CF0712-

27 18 arise from the execution of a search warrant for Babita's residence. Declaration of

. CF0255-18 and CF0712-18, People of Guam v. Underwood, et al. Page 2 of 4 1 Decision and Order (Motion to Sever) \ I

1 James Collins in CF0712-18 (Nov. 28, 2018). Upon entering the residence, officers found

2 Defenants Aguon, Taitague, Babauta, and Underwood, as well as methamphetamine,

3 marijuana, currency, drug paraphernalia, and property suspected to be stolen. Q

4 DISCUSSION 5 Underwood's Motion to Sever does not reference any statute or case law. The Court

6 is concerned that this Motion is completely devoid of any legal authority. While the People

7 do cite to one case in their Non-Opposition, the Court notes that the case cited is not

8 relevant to Underwood's position regarding severance. As the Supreme Court of Guam has

9 stated, an absence of legal authority is concerning. "The court is disturbed by the quality of

10 the parties' briefing in this appeal. The Government did not cite to a single case issued by

11 this court ... the complete lack of citation to precedent established by this court tends to

12 indicate that the parties either were extremely careless in preparing for this appeal or

13 simply refuse to recognize this court's case law as controlling legal authority in this

14 jurisdiction. Either implication is disconcerting." Sumitomo Const.. Co. v. Gov 't of Guam,

15 2001 Guam 23 at fn 1. W hile admonishing the parties for their briefing of this issue, the

16 Court will nonetheless address and rule on the merits of Underwood's argument for

17 severance.

18 CF0255-18 and CF0712-18 involve several of the same parties, and in the interest

19 of convenience the Court has often scheduled further proceedings in the two cases to take 20 place at the same time. For this reason, Defendant Underwood is under the impression that

21 the two cases are to be tried together. Mot. to Sever at 2 (Feb. 20, 2019). Underwood has

22 filed this Motion to Sever in both CF0255-18 and CF0712-18, seeldng severance of the two

23 triads. Li at 4. Underwood claims that that there will likely be no evidence presented 24 against her in CF0255-18, but even if a judgment of acquittal is granted in that case, she

25 will be prejudiced in CF0712-18 by the fact that the jury will have heard all the evidence in

26 CF0255-18. n

27 I

CF0255-18 and CF0712-18, People of Guam v. Underwood, et al. Page 3 of 4 Decision and Order (Motion to Sever) II

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1 The two cases are not scheduled to be tried together. There will be two separate

2 juries for the two matters, and therefore there will not be a risk of the jury in CF0712-18

3 being persuaded by evidence presented in CF0255-18. Underwood's arguments are

4 therefore moot.

5 The People have filed a Non-Opposition to Underwood's Motion to Sever. Non-

6 Opposition (Mar. 19, 2019). In their Non-Opposition, the People state that they are not

7 opposed to severing Underwood's matter from that of her co-defendants. The reasoning

8 provided by the people is that Underwood would be prejudiced in a joint trial due to her

9 inability to confront and cross-examine her non-testifying co-defendants in CF0255-18. Id.

10 at 2. The People's Non-Opposition mischaracterizes Underwood's Motion to Sever, which

11 only seeks severance of the two trials from one another and does not seek to sever her from

12 her codefendants in either of the two cases. Because the People's Non-Opposition is

13 unopposed to a motion that has not been filed, the Court will not entertain the People's

14 argument at this time. i

15 CONCLUSION 16 By preponderance of the evidence and based on the forgoing reasons, the Court

17 DENIES Underwood's Motion to Sever.

18 /a/, 0- Av 19 Further proceedings for both of these matters are set for April %019 at,/1406pm.

23 SO ORDERED this i 24 ssnvsfsm am count BOX I acknowledge that a copy of the 25 original hereto was placed in the n c | 26 / 27 AP'*»I.2 ams `Iim _§: s pr, The Honorable Anita A. Sukola Judge, Superior Court of Guam 28 Dept rCourtof Guam

CF0255-18 and CF0712-18, People of Guam v. Underwood, et al. Page 4 of 4 Decision and Order (Motion to Sever)