GEC discusses Rector's burglary charge

Guam Election Commission Attorney Cesar Cabot said the issue is not if there is a record of conviction, but rather if Senator Matt Rector has ever been convicted of a felony, misdemeanor or crime of moral turpitude.

January 14, 2010Updated: January 14, 2010
KUAM NewsBy KUAM News

by Nick Delgado

Guam - Guam Election Commission Attorney Cesar Cabot said the issue is not if there is a record of conviction, but rather if Senator Matt Rector has ever been convicted of a felony, misdemeanor or crime of moral turpitude.  GEC board member Martha Ruth says the issue is whether Senator Rector was truthful when he signed the affidavit for candidacy.

She adds that the voters' trust that they place in elected officials are at stake, which is why she is willing to take it to court.  

While the board has received several letters from Rector yesterday showing that the there are no records that could be obtained showing his burglary conviction in California, Ruth made the motion to hold the senator in contempt and bring it to court, but the motion failed. The board then reconsidered the motion to have the senator's legal counsel, Attorney Robert Kutz and his client speak before the board.

Senator Rector began with an apology for not answering to the subpoena deadline, adding that he was only acting at the advice of his attorney to not show up. Rector then explained the story of when he broke into a mall in his hometown in California; he admitted he was charged with burglary, served 50 hours of community service tutoring kids in math along with a two-year probation.

Rector continued to say that it's just something he forgot about.

Ruth then questioned Rector why he could not then develop the expunged record. But Kutz says he has spoken to the district attorney, who said there is no documentation of an expungement.

The GEC's attorney, Cesar Cabot, meanwhile says it would be a slim-to-none chance that the matter will move forward if taken to court. 

A motion was made and passed to have Attorney Cabot request that the attorney general and the Guam Police Department find information through the National Crime Information Center for records pertaining to Senator Rector's burglary conviction.