Trial for former GPD colonel Mark Charfauros pushed back - KUAM.com-KUAM News: On Air. Online. On Demand.

Trial for former GPD colonel Mark Charfauros pushed back

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It seems trial for the former colonel of the Guam Police Department won't be happening this month as scheduled. Defense counsel now searching for an expert witness to detail the police body camera footage, and how he contends his client did nothing wrong.

The search of the Agat property the night former GPD colonel Mark Charfauros was caught on camera yelling at junior officers responding to a call was illegal. At least that's what his defense attorney Randy Cunliffe told the court on Tuesday.

"The video shows the officers going onto the second floor of the house then it shows one of the officers going onto the roof of the house which is clearly you need a warrant so then the colonel came up and said do you have permission to be there...get out of there. He was doing the right thing," he said.

The right thing, as Cunliffe contends the reason his client was arrested - politics. He filed a motion that next week's trial date be delayed, as he just received the police body camera footage taken during the December 2016 incident. He is now working to secure an expert witness in the field of search and seizure to speak to the video recording and testify that it was an "illegal search."

"We wanted for our own position because the issue of search and seizure, the fourth amendment is not something that most generally people understand. I mean you know you are secure in your home from unreasonable searches and seizures, but what does that mean. I used the word curtilage. Most people probably have no idea what curtilage is but the law of the Supreme Court of the US says that your curtilage is your protected area. It's the area generally in a home that's the whole yard area," he stated.

The prosecution did not oppose the request and told the court they have an expert witness, as well. That witness is acting GPD colonel Manny Chong who is set to testify on police procedure and law. Superior Court Judge Maria Cenzon granted the motion and vacated the February 19th jury selection and trial date.

As reported, Charfauros was demoted then fired from the force after an incident in Agat more than a year ago. He was seen on police body camera video yelling at responding officers called to a report of fireworks. He is facing charges of official misconduct and obstructing governmental functions. Charfauros will be back in court for further proceedings hearing on March 13th.

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