HAGÅTÑA (The Guam Daily Post) — Senators heard testimony from the Office of the Attorney General on two bills, which, if passed, would extend prison time for crimes involving explosives and ensure the testimony of off-island witnesses for criminal proceedings.
Late into the afternoon on Monday, the 37th Guam Legislature held public hearings on Bills 153-37 and 155-37.
The first of the two to be discussed was Bill 153 proposed by Sen. Frank Blas Jr.. The bill seeks to give individuals using or owning an explosive device while committing a felony between 10 and 25 years in prison if found guilty.
Blas, a former Guam Police Department officer and drug agent, opened the hearing by discussing the bill was needed with the use of explosive devices causing concern “over the last couple of decades.”
“They’re quite, not only easy to make, but they can do a lot of damage, especially when used with criminal intent,” Blas stated.
“So what this bill provides is that it gives law enforcement the ability, that if they find that in the investigation of a felony, that there was the use of what we know as traditional explosives or an improvised explosive device that it is an enhanceable offense when charged as a felony,” Blas said.
Following the opening remarks, acting Chief Prosecutor Gloria Rudolph from the AG’s office was present, and gave a statement on behalf of AG Douglas Moylan, who supported the measure considering the deadly weapons special allegation does not include explosive devices.
“Bill 153-37 will make it crystal clear that the provision does include explosive devices, which are, of course, exponentially more dangerous than knives, rebars and other deadly weapons. This legislation will send a strong message that violent criminals will face an enhanced sentence of up to an additional 25 years of jail, no matter what kind of deadly weapon they use,” Rudolph said as she read a statement prepared by Moylan.
Off-island witnesses
With no further oral testimony or questions by lawmakers present, Bill 153 was deemed duly heard.
The public hearing for Bill 155 subsequently convened and the primary sponsor, Sen. William Parkinson, explained, if it becomes law, it would ensure witnesses in criminal cases who are no longer on the island will be able to be subpoenaed to testify at trial.
Rudolph, once again after the opening remarks, read a statement prepared by Moylan expressing support for the bill.
Moylan’s letter explained Bill 155 is “urgently needed to rectify a severe handicap to the people of Guam.”
“Guam’s Rules of Criminal Procedure presently only allows parties to criminal actions to subpoena witnesses on the island. The arm of justice is blocked from compelling off-island witnesses to testify at criminal proceedings in Guam,” Moylan’s letter read by Rudolph said, before also adding the current law handicaps defendants from calling off-island witnesses.
Parkinson stated later the bill was introduced at the request of the public defenders, despite their absence from the public hearing.
Rudolph further read Moylan’s statements regarding how Bill 155-37 would ensure criminal convictions.
“Bill 155-37 will help put more violent criminals away in jail where they belong by allowing the people to serve subpoenas on off-island witnesses and working with other jurisdictions where they are residing to ensure their appearance for criminal proceedings in Guam,” Rudolph read.
Judiciary
Following the testimony, Speaker Therese Terlaje discussed the fiscal note for Bill 155, which stated it was unclear who would bear the cost of bringing off-island witnesses to Guam.
Parkinson at first said he thought it would fall under the Judiciary of Guam’s budget before adding later other states require the “party compelling would usually bear the cost of it, whether that be the Public Defender (Service Corporation) or the attorney general.”
Following the hearing, The Guam Daily Post obtained a letter written by the Judiciary of Guam’s administrator of the courts, Danielle Rosete, that was sent to Terlaje.
Although the Judiciary expressed appreciation for Parkinson’s measure, Rosete “respectfully requested” Parkinson “clarify the party responsible for incurring the costs associated with securing witness attendance.”
Bill 155 currently states, witnesses will be paid 10 cents a mile for each mile traveled and five dollars a day for each day a witness is required to travel and attend as a witness. Rosete further stated that other jurisdictions with a similar version of Bill 155 have generalized the sum to the “fees and allowances authorized for witnesses.”
The Guam Congress Building as seen Tuesday Jan. 2, 2023, in Hagåtña.
