HAGÅTÑA (The Guam Daily Post) — Louis Anthony Vargas will get a new trial after the Supreme Court of Guam vacated his criminal sexual assault convictions stemming from accusations he raped a 9-year-old girl.
On Thursday morning, the Supreme Court of Guam issued an opinion on Vargas’ appeal, in which he requested a new trial and reversal of his conviction of second-degree criminal sexual conduct as a first-degree felony with a special allegation of a crime against a vulnerable victim.
“The Supreme Court of Guam vacated the judgement of conviction and remanded for a new trial, finding that the trial court denied Vargas a meaningful opportunity to present a complete defense, violating his Sixth Amendment rights,” the Judiciary of Guam announced in a press release.
In the opinion authored by Associate Justice F. Philip Carbullido and joined by Chief Justice Robert Torres and Associate Justice Katherine Maraman, the justices first detail the series of events that occurred from when Vargas was charged in 2018 up until his trial in 2021.
The primary argument for requesting a new trial, however, is because the trial court denied Vargas the opportunity to have an expert witness until only two hours before the trial began, while the prosecution presented its expert witness on the second and third day of trial.
Considering the testimony from the prosecution’s expert witnesses related to DNA evidence and would ultimately play a “vital role” in Vargas’ conviction, the Supreme Court found Vargas was deprived of an adequate defense.
“We find there is clear and convincing evidence that the denial of an expert to aid in preparation and cross-examination prejudiced his case. Though the trial court eventually granted him a DNA expert, it was too late for Vargas to present an adequate defense,” the opinion stated.
The justices further decided the prosecution failed to show the error was “harmless beyond a reasonable doubt.”
“Even had they done so, it is unlikely we found the error did not affect the verdict. DNA evidence weighed heavily in this case, and Vargas was forced to evaluate and contend with it, without expert assistance, for the entire pretrial period and much of the trial,” the justices wrote.
Although other issues were brought up in Vargas’ appeal, justices did not address them since the violation of Vargas’ constitutional rights warranted a reversal of his conviction and a new trial.
Allegations
Vargas, a former Air Force technical sergeant stationed on Andersen Air Force Base, was charged in 2018 after a witness reported to police she saw Vargas putting on his shorts and a 9-year-old girl lying naked on a bed. A rape kit was administered on the girl and resulted in a DNA profile consistent with Vargas’.
He was sentenced to 15 years, according to Post files.
The Guam Judicial Center in Hagåtña is seen June 2, 2023.
Louis Anthony Vargas
