HAGÅTÑA (The Guam Daily Post) — A man accused of revealing to a defense attorney he was friends with a juror in the Jerry Kitchen trial will be called to testify next week.
Nakita Aguon appeared before Judge Alberto Tolentino on Thursday afternoon in the Superior Court of Guam where she faces a misdemeanor charge of driving while impaired stemming from a 2021 crash into Jerry Kitchen.
The hearing was a continuation of one held last month, where prosecutor Grant Olan told The Guam Daily Post that Aguon’s attorney David Lujan had been contacted by a third party on Facebook who said he was friends with a juror sitting on Aguon’s trial.
In the Thursday hearing, Olan revealed the third party had been located and was outside the courtroom, which was unknown to both Tolentino and Lujan.
In response, Lujan asked if the witness can be called to testify next week so he has more time to prepare for his questioning.
Olan opposed the request to give Lujan more time.
“He should be prepared for the witness’ appearance and to question or examine the witness. He’s had weeks. I think it’s been over a month now, since we initially planned the evidentiary hearing so that’s plenty of opportunity, ample time for defense counsel to be prepared to question or examine the witness,” Olan said.
Despite the opposition, Tolentino decided to hold the hearing on Tuesday afternoon.
Misconduct
When Olan spoke with the Post regarding the issue, he expressed concern of jury misconduct.
“That’s the concern, possible misconduct or failing to follow the court’s instruction about not talking about the case,” Olan told the Post, before adding jurors are supposed to make decisions based only on evidence presented by attorneys at the trial.
Olan further explained the third party stated he had spoken to one of the jurors about the trial.
Judges typically urge jurors not to speak about the case they are sitting on.
Defendant Nakita Aguon, led by her attorney David Lujan, walks to the courtroom of Judge Alberto Tolentino for a motion hearing at the Superior Court of Guam in Hagåtña on Thursday, Oct. 19, 2023.
