Vol. 35 No.33
       ©2007 Marianas Variety
Tuesday, May 1, 2007 www.mvariety.com
Serving the CNMI for 35 years
 

© 2007 Marianas Variety
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Robbery charges against Limtiaco murder suspects dismissed

By Gina Tabonares
Variety News Staff

DUE to statute of limitations, the government has no choice but to drop the first-degree robbery charges against Luis Seagraves and his uncle Arthur Seagraves, the main suspects in the murder of Michelle Limtiaco in 1996.
The lawyers for Luis and Arthur Seagraves are also asking the court to dismiss the remaining charges of conspiracy to commit aggravated murder, aggravated murder with a special allegation of possession, and use of a deadly weapon in the commission of a felony which they described as defective indictments.
There are at least four motions filed by the Seagraves’ lawyers, including a motion to dismiss the indictments with prejudice for repeated and wrongful failure to present exculpatory evidence to grand juries.
Defense lawyers Randy Cunliffe, David Lujan and Peter Perez Jr. also filed an alternative motion to exclude evidence, a motion in limine to exclude Vernie Agualo’s evidence, a motion to dismiss a defectively charged indictment, and a motion to suppress.
During yesterday’s hearing, Judge Michael Bordallo granted the defense motion to dismiss the first-degree robbery charge after Assistant Attorney General David Rivera and Assistant Attorney General Lewis Littlepage agreed that under Guam law, the statute of limitations prevents prosecution of other felonies after three years. Only murder has no statute of limitations.
After dismissing the robbery charges, Judge Bordallo closed the hearing to the public when lawyers reminded the court of its expungement motion which means that some of the records are sealed and cannot be provided to media or to persons outside of law enforcement agencies and parties in the case.
The jury selection will begin on June 18 and Judge Bordallo is giving the government prosecutors two weeks to reply to the motions filed by the defense.
The court allowed Luis Seagraves, 27, to post a property bond worth $400,000, while Arthur Seagraves, 59, was released on his own personal recognizance with a $100,000 unsecured bond. Both are under house arrest.
The latest grand jury indictment stated that the two Seagraves and other unnamed individuals conspired to commit the aggravated murder on July 10, 1996 and intentionally caused the death of Limtiaco by stabbing her with a knife.
The suspects allegedly took the victim’s car, handbag and other miscellaneous personal property on the same date.
Warrants were issued against the defendants in August 2006 but the young Seagraves was arrested only on Feb. 4 when he was caught by Nicaraguan police.
The young Seagraves, who has been indicted three times in the same case, reportedly left the island as soon as his second indictment was dismissed in February 2006.
He was first charged with his uncle Arthur Seagraves and Vern Agualo in 1996, but the prosecution did not move forward due to insufficient evidence.
In 2003, he was arrested and brought back from California after the case against him was revived.
The murder case was scheduled for trial in March last year, but the Attorney General’s Office asked for the dismissal of the case after receiving more information that would help in the prosecution of the case.
The AGO re-indicted the young Seagraves, along with his uncle and Mario Leon Guerrero, but a grand jury true bill was returned only against the two Seagraves.