HAGÅTÑA (The Guam Daily Post) — A criminal complaint was filed against Chief Deputy Attorney General Joseph Guthrie for allegedly assaulting Guam Bar Association President Jacqueline Terlaje and making threats to “bash the heads” of the Bar’s board of governors.
On Tuesday morning, the Civil Service Commission convened for a post-audit hearing for a former administrative supervisor at the Office of the Attorney General, Vivian Nisperos, who was appealing her reported termination from the AG’s office.
The hearing, however, did not go forward due to the Civil Service Commission not having a quorum.
In a press conference held Tuesday afternoon by the Guam Bar Association’s board of governors, Vice President John Morrison reported an incident that they “condemned” occurred after the hearing involving Guthrie and Nisperos’ counsel, Terlaje.
Alleged assault
Morrison detailed the incident involving Terlaje and Guthrie, which started off as a professional conversation before “things began to go downhill.”
“At one point as they interacted, attorney Guthrie made what we view as a threat toward attorney Terlaje. He said that, based on recent bylaw changes, that he felt that he ‘wanted to bash the heads in, bash the faces in of the powers that be,'” Morrison said.
Morrison said when Terlaje asked “who the powers that be are,” Guthrie confirmed he meant the leaders of the Bar, who include Terlaje and Morrison, along with treasurer Phillip Tydingco and member-at-large Joaquin “Jay” Arriola Jr. The last three were present at the press conference held via Zoom video conference.
Morrison said Terlaje attempted to distance herself from Guthrie because she “took it as a serious threat” before Guthrie allegedly attempted to get closer.
“As she distanced herself to make a little bit of space, he apparently came forward and tried repeatedly to put his hands on her, despite being told not to, repeatedly told not to touch her, and he still lunged … forward and attempted to touch her and get into her space,” Morrison said, adding the Bar condemns the behavior “in the strongest possible terms.”
“The criminal conduct by attorneys should not and will not be tolerated by the Office of the Attorney General (and) by the Guam Bar Association. … Harassment, abuse and violence against opposing counsel, or anyone else that’s involved in the matter, should not be tolerated and should be condemned in the strongest possible terms,” Morrison said.
“Criminal conduct is an unethical conduct,” he added before taking questions from the media present.
Consequences
About 10:30 a.m. Tuesday, about an hour and a half after the Civil Service Commission hearing was scheduled, Morrison said, Terlaje filed a criminal complaint against Guthrie with the Guam Police Department.
GPD spokesperson Officer Berlyn Savella confirmed with the Post the complaint was filed, but wasn’t able to confirm any other information.
Morrison, however, identified the nature of the complaint was classified as an assault and was currently under investigation.
Considering Guthrie’s role as chief deputy attorney general, or being the second-in-command at the AG’s office, poses a “significant conflict of interest,” according to Morrison, he called on Gov. Lou Leon Guerrero to look into appointing independent counsel to review the case.
Arriola, who said there was a “clear conflict of interest,” further explained the governor usually appoints a special prosecutor, if warranted.
After the press conference, The Guam Daily Post inquired with Adelup spokesperson Krystal Paco-San Agustin if the governor had heard about the incident. Paco-San Agustin replied that she was still obtaining information.
However, regardless of the potential prosecution, Tydingco also called for Guthrie to either resign or be terminated from his position.
“There’s a higher standard of conduct and expectation of conduct by attorneys, especially if you’re the No. 2 person in the largest law firm – in the firm that has the power of prosecution,” said Tydingco, a former chief prosecutor and chief deputy attorney general.
“This conduct is unacceptable. … If you’re the toughest law enforcement officer in the territory, … your No. 2 is surely degrading that,” Tydingco added.
Arriola also touched on the ethical consequences, which can include filing a complaint with the Judiciary of Guam Regulation Counsel and Guam Bar disciplinary committee.
Moylan
During the press conference, the Post requested comment from Attorney General Douglas Moylan. He said he was unaware of the incident.
“I am hearing through rumors and innuendo different versions of what happened. I was not present and have no personal knowledge of what allegedly occurred between these attorneys, one of whom is a manamko’. Obviously, the allegations will need to be reviewed, and the facts confirmed, exactly what, if anything, actually occurred,” Moylan said.
When made aware of Moylan’s lack of knowledge of the incident, Arriola found it “unbelievable.”
“The fact of the matter is that by 4:27 p.m. … he hasn’t heard from the (perpetrator). He hasn’t heard from the suspect or his No. 1 witness … (who was) intervening. … I find it very unbelievable,” Arriola said, as he referred to Deputy Attorney General Graham Botha getting between Terlaje and Guthrie during the incident and urging Guthrie not to “say those things about the board.”
Tydingco also questioned Moylan referring to Guthrie as manamko’.
“Use for violence is not a license, … just because you’re a senior citizen, … is not a license for committing assault or unbecoming conduct,” Tydingco said.
Terlaje
When asked about Terlaje’s well-being, Arriola responded that she was “quite upset.”
“She should be, as well as her family, as well as all women lawyers on Guam. Shame on you. … The AG’s office represents the victims of crime and your own people don’t know what ‘no’ means,” Arriola said.
Terlaje also provided a statement regarding Moylan’s response.
“I am offended by Attorney General Moylan’s reference to manamko’. Guthrie is not a CHamoru man. Using the word manamko’ is just a poor attempt to excuse violent, criminal and unethical behavior on age and culture. As a CHamoru woman and a member of the Guam Bar Association, such minimization belittles the integrity I expect of our membership,” Terlaje said.
Joseph Guthrie, chief deputy attorney general, signs documents at the Office of the Attorney General of Guam at the Guam International Trade Center in Tamuning on Thursday, Aug. 17, 2023.
