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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 Agualos evidence, a motion to dismiss a defectively charged
indictment, and a motion to suppress.
During yesterdays 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 victims 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
Generals 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.
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