by Jolene Toves
Guam - Superior Court of Guam Judge Maria Cenzon denied the motion to sever and try defendants Anthony Mendiola, Ray Tedtaotao and Kyle Cruz separately. According to court documents the Attorney General's Office opposed the motion filed on behalf of Cruz, arguing that granting it would cause hardship on the victim who is currently off-island undergoing medical treatment as she would have to testify at two separate trials.
Judge Cenzon court further found that Cruz failed to establish that undue prejudice exists, which would deprive him from his right to a fair trial, adding that a limiting instruction at the conclusion of the evidence would be sufficient to cure any risk of prejudice from the presentation of evidence that may not admissible against Cruz.
As we reported the charges brought against the three men involved in the home invasion are virtually identically except for the additional charge against Tedtaotao for attempted murder.