Vol. 35 No.25
       ©2007 Marianas Variety
Thursday, April 19, 2007 www.mvariety.com
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Hearing on teacher certification scam case rescheduled

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 defendant’s 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.