Vol. 35 No.27
       ©2007 Marianas Variety
Monday, April 23, 2007 www.mvariety.com
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© 2007 Marianas Variety
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Detainee complains of rights violations

By Gina Tabonares
Variety News Staff

A DETAINEE who earlier confessed to illegal distribution of drugs asked the federal court for a judicial declaration, saying that her rights were violated because a U.S. attorney interfered with her right to consult a lawyer.
Judith Ann F. Mateo filed a motion complaining that Assistant U.S. Attorney Karon Johnson prevented a federal public defender from giving her legal advice.
Mateo is now defending herself in a forfeiture case involving a Barrigada property that she used in distributing illegal drugs.
The District Court of Guam denied her plea to get a free lawyer for the forfeiture case after determining that she is financially capable of hiring counsel.
Johnson earlier submitted a second motion to strike the pleadings made by Mateo, arguing that the alleged owner of the Barrigada house on Borja Street only asserted her Fifth Amendment Right, but failed to support a claim for the house and lot.
Mateo, who was given an extension to reply to the U.S. Attorney’s Office motion, filed a motion and declaration that during a court hearing sometime in September 2006, Atty. Richard Arens, who is representing her in a criminal case, informed her that Johnson dissuaded the federal public defender from helping her in the forfeiture case.
Mateo said the interference of Johnson is a violation of her Sixth Amendment Right to counsel.
Mateo and her son Jacob were occupants of the said property that was raided on Aug. 21, 2006 in a buy-bust operation.
Authorities from the Drug Enforcement Administration recovered drug paraphernalia and $46,000 in cash.
The mother and son pleaded guilty to the charges of conspiracy to distribute methamphetamine hydrochloride and distribution of methamphetamine.
An accomplice, Robert Duenas Quidachay, also confessed that Mateo was trafficking drugs out of her Barrigada residence.
Civil forfeiture actions were brought by the U.S. Attorney’s Office against the Barrigada residence and all the property derived from proceeds traceable to the violation of the controlled substances law.
The property became a subject of forfeiture after authorities discovered that the residence was bought from, and was used for, selling illegal drugs.
When Mateo entered a guilty plea last September, she admitted selling “ice” out of her residence at 142A Borja St. in Barrigada.