HAGÅTÑA (The Guam Daily Post) — A man facing a murder charge hasn’t been able to prepare for trial because of delayed transfer of evidence from the prosecution, according to the defendant’s attorney.
In the week Nathan Jon Ojeda, who stands accused of fatally shooting Anthony Mendiola in January, was expected to go to trial, his attorney filed a motion for dismissal or for evidence to be suppressed.
On July 6, Ojeda’s attorney, Jocelyn Roden, argued the motion before Presiding Judge Alberto Lamorena III, and said that since Ojeda was charged, she had at nearly every hearing requested and waited for the Office of the Attorney General to turn over evidence, including an autopsy report and ballistics report of the weapon allegedly used in the shooting.
Although Roden stated she did receive evidence during the past six months, it wasn’t until she filed her motion on June 13 that the prosecution started sending evidence almost every day, making it difficult to prepare for trial, which was scheduled for July 5.
“Every time we get late discovery, it puts us at a disadvantage and it prejudices my client because now we’ll need more time to review the evidence,” Roden said.
She added that a new piece of evidence may lead her to file another motion.
‘Surprised’
In response to Roden’s argument, prosecutor Basil O’Mallan said he was surprised by Roden’s statements because what she was arguing is part of his preparation for trial.
“As far as I know, as of today, all discovery … as soon as we become aware of it, we send it over to defense,” said O’Mallan. “We’re not trying to hide any ball. We’re just getting it to them as soon as we can.”
In her rebuttal, Roden stated a recorded interview with what she called probably the prosecution’s “most important witness” appeared to have been conducted on Jan. 9 but she received it after she filed her motion.
Remedies
Although Ojeda asserted his right to a speedy trial and the clock was set to run out July 5, the scheduled start of trial, Lamorena said the clock stopped when Roden filed her motion.
According to Guam law, defendants in custody have 45 days to go to trial from the day they are arraigned.
While Lamorena stated he will take about two to three weeks to make a decision on the motion, he asked Roden what other possible remedies could be undertaken.
Nathan Ojeda, right, is seen with his attorney, Jocelyn Roden, on Thursday, July 6, 2023, at the Superior Court of Guam for a motion to dismiss the case or suppress evidence.
