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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 clients private mental evaluation
which is expected to commence on Jan. 29.
Trapp said the therapist was contracted by Borjas 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 Borjas 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.
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