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By
Gina Tabonares
Variety News Staff
THE hearing on
the pending motions in connection with the case of a former Guam Public
School System employee and six teachers has been moved to May 3.
The hearing, originally scheduled for yesterday, was moved because Superior
Court Judge Michael Bordallo is off-island.
The pending motions include the defendants motion to dismiss, motion
to exclude evidence, motion to suppress and motion to exclude the answer
sheets and test of one of the accused teachers.
Frankie Agustin, the former GPSS employee who allegedly accepted bribes
from the teachers, will be prosecuted separately. He is facing charges
of receiving a bribe as a third- degree felony, tampering with public
records as a third-degree felony and official misconduct.
A separate charge was filed against one of the teachers, Teofila Amistad.
She was charged with guilt by complicity as a third-degree felony, in
addition to the theft by deception as a second-degree felony charge.
One of the accused teachers, Lisa Davis, filed a motion to dismiss the
indictment, saying that the grand jury was presented with sufficient and
competent evidence to indict other defendants but failed to provide any
sufficient evidence of her intent to commit the crime of theft by deception.
Agustin, for his part, filed a motion to suppress, saying that he was
not advised of his constitutional rights when he was first interrogated
by police investigator.
He said the statements he gave should be suppressed because they were
the product of improper custodial interrogation.
The other teachers Juanito Nuevo, Lily Torres, Cristeta Robles,
and Merlinda Reyes are also facing theft by deception charges for
bribing the GPSS employee for them to secure teaching positions.
Agustin, who was responsible for giving and grading the Guam Educators
Test of Proficiency, allegedly accepted bribes from school teachers to
change incorrect answers on their test to correct answers so that they
would pass the test and receive certification to teach.
A superseding indictment was filed on Jan. 12, 2006 after the court dismissed
the original indictment filed on Oct. 20, 2005.
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