By Gina Tabonares
Variety News Staff

THE Superior Court of Guam will continue on May 24 a motion hearing on the criminal sexual conduct case filed against former Department of Administration employee Marianito Bautista.
The pending motion was filed by the defense asking for the release of Bautista to a third-party custodian.
Bautista was indicted on five charges of first- and third-degree criminal sexual conduct and official misconduct in 2005. He was put under house arrest with a third-party custodian but was brought back in jail after violating his release condition.
He was earlier released on a $100,000 bail but was re-arrested by police after he was caught driving under the influence of alcohol.
According to a grand jury indictment, Bautista allegedly committed one of the acts at his office and used a government computer to view pornography.
A girl claimed that Bautista would watch pornography on the Internet before molesting her and while she was with a younger sister waiting for Bautista for a ride home.
Bautista’s lawyer, Mike Phillips, wants to dismiss the indictment which they describe as a result of a perjured grand jury testimony.
He said the Attorney General’s Office failed to inform the grand jury that the victim earlier accused two other individuals of molesting her way before the allegations were made against his client.
Phillips said at least one of these individuals admitted he molested the minor while the other denied it but the same victim accused both of them at different times.
“They failed to share any of this evidence with the grand jury. None of this was told to the grand jury. This would explain why her grades went down in elementary school, and other behavior problems they tried to attribute to my client,” he said.