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Two GovGuam workers fighting to get their jobs back

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The criminal case against the Department of Corrections officers and others accused in a scheme to smuggle contraband into the prison will head back to court this week. Now, three of the officers indicted and terminated are fighting for their jobs.

It's official. The three DOC officers facing criminal charges that refused to resign, and then fired from the prison, are appealing the disciplinary action taken against them.

Sitting beside his defense attorney...the former head of DepCor internal affairs, Jeff Limo, went before the Civil Service Commission. It was a status call conference.

Though no discussion about case was heard today, documents filed with the commission detail why Limo feels he did nothing wrong.

First, the notice of adverse action, which Limo was advised by his attorney not to sign...the document states that on July 14th, Limo called the acting warden at the time telling her to transfer inmate Bruno Simmons from post 5 to post 7. Limo adding there's, "something" going down involving the inmate. The acting warden followed through.

Days after the arrest, on October 2nd, DOC internal affairs investigators spoke with the prison warden, Allan Borja. Borja stated that upon his return from leave that Limo said the transfer is because Simmons was going to cooperate in an investigation involving officers. This, documents states, left Borja bothered because he gave orders not to move Simmons out of Post 5.

Limo's attorney, Curtis VandeVeld, previously spoke with KUAM about the case, and then argued how DOC management failed to give due process when it came time for Limo to respond to the notice of adverse action. He also argues the facts laid out against Limo are inaccurate and too severe.

Similar arguments are stated in the appeal filed for former corrections officer Shane Cruz. Cruz was arrested weeks after the major bust at the Mangilao facility, and separately charged for allegedly smuggling contraband inside.

Cruz argues, "I believe the adverse action is wrong because I already served a 30 day suspension for the facts listed in the new adverse action of dismissal. Also, I was planning to response to the proposed adverse action but the director made his decision on the 8th day before the 10 day period."

Former officer Gerry Hocog is also set to go before the commission this week. Hocog, whose case has since been severed from the others, responded to the termination... "I deny that I was involved in any conspiracy or promotion of prison contraband. I further deny that I ever received any bribes, or committed official misconduct in the course of my employment with the department...I am indeed not guilty of these charges."

In the appeal, the former DOC officers requested that the action taken against them be set aside, revoked, rescinded, nullified, or modified. They also request reimbursement for any loss of pay and benefits, as well as, attorney fees and cost.

Hocog is set to go before the commission on Thursday. The two others will have another status call conference later this year.

The case will continue in the Superior Court tomorrow afternoon.

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