By Gina Tabonares
Variety News Staff

THE Attorney General’s Office lost its case against three jail breakers due to its failure to present two of the defendants in court within 24 hours of their arrests in 2005, and failure to provide the inmates with a notice to appear in court.
As a result of the AGO’s lapses, the effort and resources spent by the government during a 10-day manhunt against the three jail breakers proved unproductive.
The three inmates—Frank Pangelinan, Jeffrey John Cruz and Michael Laguana—escaped from the maximum detention center in Mangilao on March 18, 2005.
They were captured one after another and were charged in Guam Superior Court for felony escape.
However, Superior Court Judge Katherine Maraman dismissed the indictment granting one of the inmates’ motions because the government failed to present Laguana and Cruz in court within 24 hours of their arrests.
The court also found that AGO lawyers failed to provide the defendants with a notice to appear in court which constituted government misconduct.
After their arrests, the captured inmates were put back into the custody of the Department of Corrections in Mangilao to continue serving their pre-existing sentences on prior felony convictions.
Pangelinan and Laguana, of Mangilao, were put in jail following a conviction for aggravated murder, aggravated assault, kidnapping, hindering apprehension, and possession and use of a deadly weapon in the commission of a felony.
Cruz, of Dededo, was convicted on two separate robbery charges—burglary and theft. His parole was also revoked for a previous escape several years ago.
Background records relative to the felony escape case stated that Laguana and Cruz were brought to court 65 days and 58 days after their respective arrests.
The inmates’ lawyers, Randall F. Cunliffe and Louie Yanza, filed a motion to dismiss the indictment on Dec. 22, 2006.
Judge Maraman, in her decision and order, stated that the government arguments that their failure to bring the inmates before the court within 24 hours did not cause any prejudice, were not convincing.
The court ruled that the inmates’ rights were violated.
The delayed filing of the charges against the captured inmates was earlier attributed by former Attorney General Douglas Moylan to the weakened operation of the AGO.
At that time, the AGO claimed it had inadequate funding and manpower.
When earlier asked why it took the AGO so long to magistrate the case of the three escapees, Moylan said there were more important criminal cases to attend to, and that they felt no rush to file because the three convicts were already back in jail.