Man accused of killing his mom asks for release - KUAM.com-KUAM News: On Air. Online. On Demand.

Man accused of killing his mom asks for release

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It was seven months ago defendant Allan Agababa made a request to see a dentist. "Mr. Agababa has also filed a motion because Mr. Agababa has a dental issue. In fact, his wisdom teeth," noted Agababa's new legal counsel, Attorney Curtis Van De Veld, who stressed that his client's teeth are still in pain. That's why he's filed a motion for release on personal recognizance and that Agababa be placed on house arrest.

"It was recently learned that the Department of Corrections wouldn't take him for his dental treatment but also lost employment of a physician so they now have no medical available for people at the department of corrections. That constitutes punishment under the Constitution," Van De Veld continued.  Van De Veld is hoping the court will consider Agababa has already faced a jury. Their verdict? Undecided on whether Agababa committed murder.

"Mr. Agababa had a mistrial. The jury was unable to reach a verdict," he said. "One of the factors that the court takes into consideration relative to a motion for release is the strength of the government's case. I would suggest that based on the fact that the people were unable to prove through one trial to the satisfaction of the jury that my client is guilty."

But according to assistant attorney general Jonathan Quan, the defendant's release is not in the best interest of the people. "The people assert that the nature and seriousness of the offense we view it differently. The fact that the jury was hung indicates there was no decision and we believe that a subsequent round will result in a conviction. What's more troubling to us is that the defendant has no contacts or ties here," he said.

The prosecution also notes Agababa could potentially harm those who've testified against him. "Many witnesses have testified against him. He knows who they are. He has heard their testimony. The people will reserve that he is a danger to the people as well as those witnesses," he said.

Instead of his release, Quan proposes the prison be ordered to get Agababa dental care, saying, "And we would request that the court continue to maintain the current situation and allow this matter to go to trial."

The court will issue an order as well as consider the motion pending the submittal of updated interviews of Agababa's proposed third party custodians.

As we've been reporting, Agababa is accused of killing his mother to collect her death benefits. Shelly Bernstein worked as a flight attendant and was found dead in her Tamuning apartment back in August 2013. The medical examiner ruled her death a result of blunt force trauma to the head, but no weapon was ever identified or recovered. The court rendered a mistrial after jurors failed to return with a unanimous decision, despite three failed attempts to reach a verdict.

KUAM News files show Agababa is scheduled to face a new set of jurors come August.

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