By Cherrie Anne E. Villahermosa
Variety News Staff

SUPERIOR Court Associate Judge Juan T. Lizama has denied an ex-convict’s motion to suppress the statements he made to a law enforcement officer more than three years ago.
The motion filed by Alex K. Borja, who was charged with sexual abuse of a minor, involved a statement that Detective Patrick Maanao took from the defendant at the Department of Public Safety investigation office on Oct. 10, 2003.
Borja, who is represented by Assistant Public Defender Adam Hardwicke, argued that he is of limited education and intelligence and did not understand what he was being asked or what his rights were.
The matter was heard on Jan. 31, and Lizama said that while the motion’s characterization of relevant law is accurate, it lacks factual support.
Lizama said Borja did not show any evidence “to suggest that he had a low level of intelligence that impeded his understanding. “
Moreover, Borja “did not put forth any other evidence to suggest that under the totality of circumstances, (his) statement was involuntary,” the judge said.
But though the motion is denied, he added, this does not prevent Borja from raising this issue at trial.
Lizama also denied the defendant’s motion to dismiss the complaint.
Borja argued that the government’s delay in filing the information and moving toward trial has resulted in a loss of evidence with respect to witnesses as well as the alleged victim’s memory.
Lizama ruled that the court finds both parties have contributed to the delay of the trial and that any loss of evidence does not work in the government’s favor.
The order stated that the alleged crime occurred on Dec. 1, 2002. The original information was filed on May 17, 2005 with an amended information filed on June 14, 2005. No further action was taken by either party until Borja filed his motion on Jan. 10, 2006.
Lizama said Borja, rather than requesting specific information or items, filed a motion for disclosure on Oct. 25, 2006.
The motion for disclosure and subpoena solicited all information pertaining to interviews and interviewees of the alleged victim.
The government then filed motions to set a trial date and did not object to this broad request.
The court granted Borja’s request for disclosure.
Lizama said the Division of Youth Services, through attorney Tom Schweiger, now moves to quash the defendant’s subpoena for lack of relevance, non compliance with 6 CMC 5325 and Comm. Crim. Rule 26.2 and interference with the work product privilege.
Lizama denied the DYS motion but agreed with its suggestion to have the court review the materials requested “in camera,” which is Latin for “in chambers” and refers to the judge’s office.
The judge added that following this review, all material determined to be exculpatory and unprivileged will be turned over to the defendant.
Borja was charged with abusing his girlfriend who was a minor at that time. The defendant and the victim were neighbors.