Dismissal motions for '99 murder under review - KUAM.com-KUAM News: On Air. Online. On Demand.

Dismissal motions for '99 murder under review

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by Mindy Aguon

Guam - Superior Court Judge Elizabeth Barrett Anderson is reviewing several motions to dismiss filed in the case against Anthony C. Flores. Flores was convicted of murdering Sherri Lea Taylor at the Hamilton Hotel 11 years ago, but that conviction was overturned by a Supreme Court panel.

Flores' defense attorney, Randy Cunliffe, appeared in court today briefly arguing dismissal motions he's filed.  Cunliffe contends the prosecution failed to preserve evidence - specifically the chair and telephone that were allegedly used in Taylor's death.  The attorney says the phone wasn't taken into evidence until two weeks later, so authorities aren't able to determine whose fingerprints were on it.

Cunliffe says the prosecution also included false information in the indictment, saying his client had previously been convicted of murder when he had actually been convicted of manslaughter.

But the biggest grounds for dismissal he says, is double jeopardy grounds. The attorney says the charges in the very first case were dismissed with prejudice, meaning prosecutors couldn't pursue the charges a second time.

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