Vol. 35 No.259
       ©2007 Marianas Variety
Friday, March 16, 2007 www.mvariety.com
Serving the CNMI for 35 years
 

© 2007 Marianas Variety
Published by Younis Art Studio Inc.
All Rights Reserved
Email :
mvariety@vzpacifica.net
Court denies counsel for drug dealer

By Gina Tabonares
Variety News Staff

THE U.S. District Court of Guam did not appoint a pro bono lawyer for the drug dealer who is claiming a Barrigada house and lot, which is a subject of forfeiture because the property was used for and bought from selling illegal drugs.
For the second time, District Court of Guam Magistrate Judge Joaquin Manibusan denied Judith Ann F. Mateo’s motion for the appointment of a counsel, saying that the court was not convinced that the confessed drug dealer did not have the financial ability to retain counsel to assist her in the forfeiture case.
The court also said that while the assistance of a counsel would be helpful, there simply is no constitutional right to the appointment of counsel in the civil action since Mateo has had no real difficulty in articulating and defending her claim.
In September 2006, the District Court issued a protective order against the house and lot in Barrigada, a subject of forfeiture after authorities discovered that the residence was bought from and used for selling illegal drugs.
The property in question is located at 146A Borja Street in Barrigada.
Last year, Judge Morrison C. England Jr. ordered Mateo not to sell, assign, give away, rent or allow any person other than her designated agent to occupy the property.
Mateo was arrested with his son Jacob Mateo on Aug. 21, 2006. Since their arrest, the property has been unoccupied.
When Mateo entered a guilty plea to a charge of conspiracy to distribute methamphetamine, she stated that she “packaged the ice into plastic wraps and sold it from her residence at 142A Borja St. in Barrigada Guam.”
Under the law, all real property including any right, title and interest of the Barrigada residence is subject to forfeiture to the United States after it was determined that the property was derived from proceeds traceable to a violation of the controlled substances law and it was used to commit and facilitate the commission of the said violation, the conspiracy to distribute methamphetamine.
Based on the declaration of Drug Enforcement Agency Task Force Special Agent Marvin Desamito, Mateo was arrested with 13 small heat-sealed straws of methamphetamine hydrochloride called “plates.”
Mateo was with Robert Duenas Quidachay, who confessed to authorities that Mateo was trafficking drug out of her Barrigada residence.