Vol. 35 No.19
       ©2007 Marianas Variety
Wednesday, April 11, 2007 www.mvariety.com
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Lizama agrees to preside in sexual abuse case

By Cherrie Anne E. Villahermosa
Variety News Staff

SUPERIOR Court Judge Juan T. Lizama has agreed to preside over a criminal case involving a 21-year-old man who was charged with sexual abuse of a minor in the first degree and sexual abuse of a minor in the second degree.
Lizama said he has declined to recuse himself, with some reservations, from presiding over the case of Pascual K. Deleon Guerrero.
He said a judge may not abdicate his duty to preside over cases assigned to him “at the mere sound of controversy.”
The case was originally assigned to Presiding Judge Robert C. Naraja on Jan. 23.
On Jan. 29, Naraja recused himself as the defendant is an “in-law.”
On Jan. 30, he assigned the case to Judge David Wiseman who recused himself on the grounds that the defendant’s father was a “long-time friend, client, business associate and major retention campaign advisor.” The defendant’s father is former Sen. Ramon S. Guerrero.
The matter was then assigned to Lizama.
In accepting the case, Lizama said “a judge has as much of an obligation not to recuse when there is no occasion to do so, as to recuse when there is a cause for recusal.”
He said political considerations are not grounds for recusal.
“Because the law presumes that a judge is unbiased and unprejudiced in the matters before him, and because none of the circumstances listed in the (law) apply, (I) accept (my) duty to preside over this case,” Lizama stated in his order.
The government represented by Assistant Attorney General Anne Marie Roy and the defendant’s counsel, Viola Alepuyo, submitted stipulated statements to the court on March 26.
The parties stated Lizama has disclosed to them that he has a distant familial relationship with the defendant and his family.
The parties have both waived objections to Lizama’s presiding over the case.
They expressed confidence in the ability of the court, specifically Lizama, to preside over the instant matter in a fair, impartial and objective manner.
According to the parties, there is no need for Lizama to recuse himself from presiding over the case.
The defendant was arrested in Jan, 16 for sexually abusing his neighbor’s sister-in-law.
Deleon Guerrero was charged with one count of sexual abuse of a minor in the first degree and one count of sexual abuse of a minor in the second degree.