Judge to rule on motions for Carlo Borja - KUAM.com-KUAM News: On Air. Online. On Demand.

Judge to rule on motions for Carlo Borja

by Mindy Aguon

Guam - A Superior Court judge is left to decide whether a man accused of criminal sexual conduct and sexual assault should be released from jail because his case has taken years to go through the justice system. Six years ago authorities were searching for the suspect involved in at least five alleged kidnapping, rape and sexual harassment reported incidents.

In April 2006, police arrested Carlo Alfred Tenorio Borja. According to news files, Borja allegedly confessed to his involvement in several crimes, including the abduction of a 9-year-old girl at knifepoint and an attempted kidnapping at a bus stop in Yigo. Borja also allegedly confessed to indecently exposing himself to a female minor in Tamuning and harassing and assaulting two female minors on separate occasions in Tamuning and at Andersen Air Force Base.

Since his arrest, Borja has been sitting in a jail cell waiting for his case to run its course through the justice system. And that's exactly why his defense attorney, Howard Trapp, believes his client's six cases should be thrown out and Borja released from jail.

"The government and the court have been dragging their heels on these cases all this time and he's been sitting in jail almost six years and really nothing much has transpired. For example in the year 2010 absolutely nothing happened. There was no hearings, no court order that was supposed to be signed and so we are moving to dismiss this on the grounds that he was denied a speedy trial which he is entitled to under the local code," said Trapp.

While deputy attorney general Basil O'Mallan admitted that the Attorney General's Office was partly to blame for the delay in proceeding to trial, but he strongly opposed the dismissal requests arguing the defense had initiated many of the continuances in the case.   The prosecution wants the case to proceed to trial.

According to news files, Borja pleaded not guilty to the criminal charges that included criminal sexual conduct, kidnapping and terrorizing, claiming mental illness, defect and disease.  He was scheduled to go to trial back in 2007.  He underwent a psychological evaluation that noted serious mental issues, but the case never made it much further as it was passed around to several judges.

But today Superior Court Judge Anita Sukola made it clear that "the buck stops here". She took the case under advisement and indicated she would render a decision on the cases soon. 

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