HAGÅTÑA (The Guam Daily Post) — Among the 27 individuals held at the Department of Corrections for a little more than a week during the passage and immediate aftermath of Typhoon Mawar, one was confined on suspicion of aggressive panhandling.
When the Guam Police Department arrests a person, the Office of the Attorney General has 48 hours to either charge the individual with a crime or release them. Attorney General Douglas Moylan said the process involves obtaining and reviewing police reports before determining if there is sufficient probable cause to prosecute a case.
On May 21, as the island was placed in Condition of Readiness 2 in anticipation of Typhoon Mawar, Robert Torres, chief justice of the Supreme Court of Guam, ordered courts to be closed until the declaration of Condition of Readiness 4.
That meant an exception to the 48-hour rule between arrest and a magistrate’s hearing. The 27 individuals confined prior to Typhoon Mawar were stuck until the court eventually opened May 29 – four days after COR 4 was declared.
An order issued by the court explained the hearings were held May 29 due to the lack of power at the court.
According to Moylan, of the 27 arrested, 21 were charged, while the remaining were released from confinement and issued a notice to appear.
Release ‘unreasonable’
One of the individuals held for more than a week and who was not charged was accused of aggressive panhandling and public drunkenness. Aggressive panhandling is a civil offense, and punishments don’t call for jail time.
Moylan said the man was held primarily because of the public drunkenness offense, which is a criminal offense.
“It would be unreasonable for the release of persons that had probable cause sufficient to keep them incarcerated,” Moylan told The Guam Daily Post, adding that his office, once the courts opened, immediately began the magistrate’s process.
Motions denied
Stephen Hattori, executive director of the Public Defender Service Corp., said he felt the detainees who weren’t charged “could’ve been done before the hearing” and added the lack of electricity at the courts could’ve been worked around “like in the old days.”
Hattori said hearings could have been done in person and complaints could have been handwritten by the AG’s office.
“Our office didn’t have power or water, and we prepared to cover hearings as if the AG had filed any cases. The court, as well, would likely have had hearings if magistrate’s complaints had been filed,” Hattori said.
In addition, once the magistrate’s hearings were held May 29, a majority of the defendants charged were released on their own recognizance. Hattori said his office filed motions to dismiss based on time spent at DOC before actually being charged.
The motion cited a statute that states magistrate’s hearings can only be held after the 48-hour period if the government can demonstrate there is a “bona fide emergency or extraordinary circumstance existed.” Hattori said the motions to dismiss the charges were denied, but his office is working on renewing motions to dismiss at a later date.
“These are issues we can address in their individual cases and when everyone meets to develop a plan to handle emergencies,” he said.
The Department of Corrections Hagåtña Detention Facility on June 6, 2023. During Typhoon Mawar, 27 individuals were held at the facility until May 29 when the courts reopened.
