By Gina Tabonares
Variety News Staff

DEFENSE and government lawyers will hear in the courtroom of Judge Alberto Lamorena this afternoon whether the six consolidated rape cases filed against Carlo Alfred Borja will stay due to concerns that the consolidation might confuse members of the jury during the trial.
Judge Lamorena expressed his concern last month after taking over the case previously handled by Judge Katherine Maraman.
Judge Maraman granted the motion of the defense to consolidate the six separate rape indictments filed successively against the 27-year-old defendant.
Judge Lamorena, however, said the consolidation of the cases might confuse the jurors from separating evidence for each different case.
During the pre-trial conference on Jan. 23, Borja’s lawyer, Howard Trapp, asked for the continuation of the proceeding as he stressed his client’s private mental evaluation which was expected to commence on Jan. 29.
Trapp said the therapist was contracted by Borja’s family from off-island and it will take more time before they could file the result of the mental evaluation.
The defense lawyer also expressed concern over the list of 300 government witnesses, while they only have three.
Judge Lamorena said he will resolve the matter in the next status hearing.
A grand jury indictment was filed against Borja on March 29, 2006 for first-degree criminal sexual conduct as a first-degree felony, kidnapping as a second-degree felony, terrorizing as a third-degree felony, assault as a misdemeanor, third-degree criminal sexual conduct as a second-degree felony, fourth-degree criminal sexual conduct as a misdemeanor, assault with intent to commit criminal sexual conduct as a third-degree felony, harassment as a petty misdemeanor, attempted kidnapping as a second-degree felony, and assault as a misdemeanor.
The court earlier ordered the consolidation of the six rape cases after the government prosecutor and the defense agreed to a joint trial.
An earlier mental evaluation conducted by a government forensic expert was made on Borja but the defense insisted for a separate mental evaluation by an expert to be hired by the defense.
The first indictment stemmed from an investigation into the kidnapping and sexual assault of two female minors in October 2005 and February 2006.
Borja also earlier admitted that he was the man who abducted and raped the 9-year-old girl who was waiting for her bus on Oct. 12, 2005 in Happy Landing Upper Tumon.
Another 12-year-old girl from Dededo also told police that Borja harassed her on Feb. 12, 2006 while waiting for her bus on Wusstig St.
A few days after Borja’s arrest, three more minors came forward to report they were sexually abused by Borja. Three separate indictments were filed against him.
In the second grand jury indictment filed against Borja on April 6, 2006, he was charged with three counts of first-degree criminal sexual conduct as a first-degree felony, two counts of third-degree criminal sexual conduct as a second-degree felony, assault with intent to commit a criminal sexual conduct as a third-degree felony, child abuse as a third-degree felony and felonious restraint as a third-degree felony.