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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. Attorneys
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. Attorneys 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.
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