GEC, Calvo/Tenorio want motion denied - KUAM.com-KUAM News: On Air. Online. On Demand.

GEC, Calvo/Tenorio want motion denied

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by Mindy Aguon

Guam - The Guam Election Commission and Governor-elect Eddie Calvo and Lieutenant Governor-elect Ray Tenorio have asked the Supreme Court to deny an emergency motion for an expedited briefing and hearing on a writ of mandamus application made by former governor Carl Gutierrez and Senator Frank Aguon, Jr.  In reply briefs filed with the Supreme Court of Guam this morning, Attorney Mike Phillips, counsel for Calvo and Tenorio, says the petitioners concede that they were defeated in the Decision 2010 General Election and are not asking the court to overturn the election results or ask for a run-off or a brand new election. 

Phillips says what Gutierrez and Aguon are asking for is "nothing more than the unprecedented cancellation of a scheduled and pending inauguration" based on the assumption of a set of facts from a single individual's - Carlo Branch - research project.  The GEC, through legal counsel Rawlen Mantanona, maintains there is no emergency and no need for an expedited schedule since the petitioners have failed to show that they could possibly prevail or that the election results should be annulled.

Additionally they argue that there has been no competent evidence produced to show that at least four of the seven GEC board members' appointments were defective.  The GEC contends any challenge to the appointment of the GEC board members should be pursued in the Superior or District courts where complaints have already been filed.

Gutierrez and Aguon's attorney, David Lujan has until noon today to file a response while Supreme Court justices are holding a hearing on the matter at 3 this afternoon.

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