Vol. 34 No.241
       ©2007 Marianas Variety
Tuesday, February 20, 2007 www.mvariety.com
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Seagraves pleads not guilty

By Gina Tabonares
Variety News Staff

LUIS Gaily Seagraves Jr., the principal suspect in the murder of Michelle Limtiaco in 1996, yesterday pleaded not guilty to conspiracy to commit aggravated murder, aggravated murder and first degree robbery charges.
Seagraves, 27, was scheduled to appear in the Superior Court of Guam for a return on warrant proceeding but his arraignment took place after defense and government lawyers agreed with Judge Arthur Barcinas to proceed with the court procedures.
The extradited murder suspect is being represented by Atty. David Lujan and Atty. Peter Perez, while the case is being prosecuted by Attorney General Office chief prosecutor Phil Tydingco and Deputy Attorney General Clyde Lemons.
Seated beside Seagraves, Lujan entered a not guilty plea to all the charges filed against Seagraves and his uncle Arthur G. Seagraves, 59.
The Seagraves are both facing first-degree felony charges for conspiracy to commit aggravated murder, aggravated murder with a special allegation of possession and use of a deadly weapon, a knife, in the commission of a felony, and first-degree robbery.
The defense asked for a speedy trial, a jury of 12, a copy of a grand jury transcripts and a hearing to modify the $1 million cash bond for each of the defendants.
Judge Barcinas scheduled a motion hearing for bail modification at 2 p.m. on Friday, and a criminal trial setting for the same day.
He instructed the defense lawyers to submit a brief for the motion before Friday.
Arthur Seagraves, meanwhile, is still in California and is expected for return to Guam to face a third indictment in connection with Limtiaco’s 1996 murder.
According to Tydingco, the older Seagraves negotiated a voluntary surrender and local enforcement officials are in constant communication with their stateside counterparts where Arthur Seagraves was reportedly located.
After a number of missteps in the previous prosecutions against the Seagraves, Tydingco expressed confidence that the case can now go to trial with stronger evidence.
“Deputy Attorney General Clyde Lemons carefully reviewed this case and we continue to review evidence. But we have to remember that this is a decade-old murder case and if the case is that old, it can be affected by a lot of factors—some witnesses may no longer be available, full details can no longer be remembered, and the preservation of forensic evidence is difficult,” Tydingco said.
He confirmed that the case is still an open-ended murder investigation as they are still looking for evidence against possible accomplices in the murder.
Tydingco said those who were earlier implicated in previous charges were not indicted by the grand jury but can be taken as witnesses either by the defense or the government.
The latest grand jury indictment stated that the two Seagraves and other unnamed individuals conspired to commit the aggravated murder on July 10, 1996 and intentionally caused the death of Limtiaco by stabbing her with a knife.
The suspects allegedly took the victim’s car, handbag and other miscellaneous personal property on the same date.
Warrants were issued against the defendants in August 2006 but Luis Seagraves was arrested only on Feb. 4 when he was caught by Nicaraguan police.
The young Seagraves, who has been indicted three times in the same case, reportedly went off island as soon as his second indictment was dismissed in February 2006.
He was first charged with his uncle Arthur Seagraves and Vern Agualo in 1996, but the prosecution did not move forward due to insufficient evidence.
In 2003, he was arrested and brought back from California after the case was revived against him.
The murder case was scheduled for trial in March last year but the AGO asked for dismissal of the case after receiving more information that would help in the prosecution of the case.
The AGO re-indicted Seagraves along with his uncle and Mario Leon Guerrero but a grand jury true bill was only returned against Seagraves and his uncle.