Vol. 34 No.222
       ©2007 Marianas Variety
Wednesday, January 24, 2007 www.mvariety.com
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Judge says consolidation of 6 rape cases may confuse jury

By Gina Tabonares
Variety News Staff

GUAM Superior Court Judge Alberto Lamorena yesterday expressed apprehension over the consolidated six rape cases filed against Carlo Alfred Borja, saying this might confuse the jury during the trial.
Lamorena, who is now handling the case that used to be in the courtroom of Judge Katherine Maraman, would like to discuss the matter at a status hearing scheduled on Feb. 19 at 3 p.m.
Borja, who is facing six different criminal sexual conduct cases involving six different minor victims, was back to court yesterday with his counsel Howard Trapp.
During the pre-trial conference, Trapp asked for the continuation of the proceeding as he stressed his client’s private mental evaluation which is 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 can 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, 26, 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 in Happy Landing Upper Tumon.
Another 12-year-old girl from Dededo also told police that Borja harassed her on Feb. 12 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, 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 criminal sexual conduct as a third-degree felony, child abuse as a third-degree felony and felonious restraint as a third-degree felony.
One of the victims said she was abused by Borja on Nov. 25, 2005. The other said Borja threw urine on her in January that year while the last one said she was sexually molested by the same suspect between Nov. 1, 2005 and Nov. 30, 2005.
Borja remains in jail with a recommended half a million bail.