by Mindy Aguon
Guam - Attorneys for Police Officers David Q. Manila and Anthony
Quenga intend to file additional motions to dismiss the third superceding
indictment that was handed down last week in the Blue House Lounge prostitution
case. Manila and Quenga entered
conditional not guilty pleas to the 17 criminal charges that include kidnapping,
felonious restraint, promoting prostitution, and criminal sexual conduct and
conspiracy.
Both asserted their right to a speedy trial. Manila's attorney, William Pole, has objected
to the third superceding indictment as he argues the government didn't have the
authority to file new charges and he alleges prosecutorial vindictiveness
because the prosecution increased the charges against his client based on the
same set of facts that were used to obtain the first two indictments. He also believes the speedy trial clock is
not reset with the new indictment and argues the case is on hold until
co-defendant Song Ja Cha's appeal to the Guam Supreme Court is resolved.
Cha's attorney, Jeffrey Moots, has argued that the third
superceding indictment can't apply to his client since she is appealing the
lower court's denial of her motion to dismiss based on double jeopardy.
There has been some argument about whether the appeal automatically
stays the pending trial for all of the defendants or some. Prosecutor Nelson Werner has already
indicated that if there is a stay in the case, he only wants it applied to Cha
as the government is ready to proceed in its case against the two police
officers.
Judge Anita Sukola is scheduled to hold a status conference with
the parties on April 1 to determine the status of Cha's appeal as well as
whether the matter will be set for trial.
