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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. Mateos 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.
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