HAGÅTÑA (The Guam Daily Post) — A man’s request for a pardon for several criminal cases so he could apply for the Supplemental Nutrition Assistance Program was denied.
On Thursday afternoon, the Guam Pardon Review Board discussed whether to grant a pardon to Anthony Babauta.
Babauta, who asked for a pardon for three felony cases, also indicated in his letter to the board he wanted a pardon for two cases for which he was on probation. The primary reason for Babauta’s pardon request was so he could apply for SNAP as he’s hospitalized in California and partially paralyzed.
Following a brief discussion of Babauta’s request among board members, Heather Zona, acting chief prosecutor for the Office of the Attorney General, who isn’t a board member, recommended Babauta not be given a pardon due to violations while he was on probation.
Babauta’s most recent case, from 2016, was for third-degree robbery, possession of a schedule II controlled substance, assault and retail theft – while he was on probation. Even before that, Zona stated, Babauta failed to report to probation, perform community service, attend treatment programs and make payments for court costs.
“So my concern is … the board would be granting a pardon to somebody who doesn’t comply with the terms of his court orders. So if it’s really just purely to receive SNAP, I mean, I have to believe, especially if he’s in California, there are other options available to him,” Zona said. “I don’t think that’s really a valid basis to grant a pardon.”
Chairman Stephen Guerrero expressed concerns about Babauta paying restitution for his cases.
Zona was unable to provide that information, but said judges usually would close the case if everything has been paid off.
The board’s approval merely would be a recommendation for the governor to decide whether a pardon be granted. Members said they needed to do their due diligence and felt it’s more difficult if the status of restitution remains unknown.
Another factor considered was that Babauta could be receiving other assistance and that Babauta could apply for SNAP because a recent law lifted the ban on drug convicts receiving the benefits, Public Law 37-24.
The combination of factors led the board to deny granting a pardon recommendation.
“You got to think about all the things he’s done, not just what he’s asking for. … We’re gonna start getting, really be inundated with, pardon requests and is it really a valid reason to be pardoned? He’s trying to get a social services program. He’s partially paralyzed but that’s not an extenuating circumstance,” board member Lina McDaniel said.
The Guam Pardon Review Board meets at the Department of Corrections Parole Division in Hagåtña on July 27, 2023.
