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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 defendants father was a long-time
friend, client, business associate and major retention campaign advisor.
The defendants 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 defendants 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 Lizamas 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 neighbors
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.
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