by Mindy Aguon
Guam - Where are the photos local businessman James Adkins took on his cell phone of a car crash that resulted in his arrest? Apparently, it's a question not even the Guam Police Department can answer.
In a report to the District Court, GPD Legal Counsel Jim Mitchell submitted the evidentiary analysis report that showed that when officers retrieved the phone on December 7, 2009, the photos could not be located on Adkins' cell phone that had been in GPD evidence. Mitchell informed the court today that GPD does have software that can reconstruct deleted or damaged files, but the department didn't want to disturb the remainder of what was on the phone.
Instead, GPD has agreed with Adkins to have the phone inspected by an independent phone retrieval company in California.
Adkins is suing Police Chief Paul Suba and officers D.B. Anciano and Serafino Artui, alleging he was illegally detained and arrested and police illegally seized his cell phone after he took photos of a car crash last year. Suba and the two officers filed a motion to dismiss that is under review by Magistrate Judge Joaquin Manibusan.