Superseding indictment in '94 murder case - KUAM.com-KUAM News: On Air. Online. On Demand.

Superseding indictment in '94 murder case

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by Nick Delgado

Guam - A Superior Court grand jury has returned a second superceding indictment in a 1994 homicide. Mark Bamba Angoco faces multiple charges to include aggravated murder and special allegations of possession and use of a deadly weapon in the commission of a felony.  Angoco was arrested and charged for the 1994 murder and robbery of Darwin Datuin. 

He was convicted of felony aggravated murder and acquitted by a jury of the other criminal charges.  Angoco appealed the conviction alleging the acquittal of the other felony charge required the reversal of the murder charge.  The argument was rejected but the 9th Circuit Court of Appeals preserved the defendant's ability to file an ineffective assistance of counsel claim. 

Angoco did and eventually and the case was set for retrial. Alleging any further prosecution would be a violation of the double jeopardy clause, Angoco tried unsuccessfully to have the indictment dismissed.  He appealed to the Guam Supreme Court and lost and the case was again set for re-trial.  Angoco then replaced his defense attorney and hired Attorney David Lujan.  The government however immediately moved to have Lujan and his law firm disqualified from representing Angoco as the firm was representing Ricky McIntosh, a key government witness in the murder case, citing a conflict of interest. 

The Superior Court granted the disqualification and Angoco appealed his case yet again. 

The Guam Supreme Court however dismissed his case for lack of jurisdiction, which puts Angoco back at square one to answer to the new criminal charges and prepare for trial yet again.

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