by Nick Delgado

Guam - 25-year-old Thomas Mendiola Quidachay was released from prison today. He was arrested Thursday on charges of child abuse for allegedly showing young children pornographic video during an after school program. The case was dismissed within a matter of minutes and the Mongmong resident was a free man.

Fotage was found in 2010 on a computer at the Chalan Pago Community Center showing Quidachay allegedly filming the kids' reactions, as they watched pornographic videos during the HATSA After School Program. Court documents state Quidachay would ask the minors questions as they watched the adult film. Program staff recognized Quidachay's voice in the recording, and the mayor turned it over to authorities two years ago.

The complaint was supposedly under investigation, but it was only yesterday that Quidachay was arrested. Quidachay was banned from doing the program after a separate 2009 child abuse arrest. Police stated they gathered enough evidence to prove Quidachay committed the crime being alleged.

He appeared in court today via videoconference. He was charged with six counts of use of one's child in obscene acts as a 1st degree felony. But Magistrate Judge Alberto Tolentino had concern with the complaint, as prepared by Chief Prosecutor Basil O'Mallan. Tolentino stated the declaration does not show probable cause to charge Quidachay with the felony.

Although court documents state the video shows six minors being forced to watch a graphic x-rated video, Tolentino stated there is no evidence to support that Quidachay used the minors in an obscene manner, adding that filming reactions of the kids is certainly not sufficient to charge him with a felony.

The magistrate also lists the initials for three elementary students and three middle school students who are the alleged victims. However, since the date of birth in the complaint was only listed for a minor that was 11 years old at the time, the judge stated its possible a couple of the minors may have been 16 years of age.

Tolentino dismissed the case and ordered Quidachay's release today. The Attorney General's Office may now proceed with further investigations and file other charges against Quidachay. But with the complaint presented today, Tolentino stated that Quidachay may only face misdemeanor charges.

The AG's Office reacted, stating "We respectfully disagree with the court that there is no violation of 9 CA§ 8.52 when an adult operating an after school program for elementary and middle school children forces these children to watch obscene video material and also videotapes these children's reactions to the obscene video material. It's important to note that this crime 'Use of One's Child in Obscene Acts,' is defined as follows:

A person is guilty of a felony of the first degree if while having custody or control of any hild under the age of sixteen (16) years, he shall knowingly permit that child to be used in or be a party to any material or performance that is obscene.

The AG's Office is considering taking an appeal or writ against the dismissal as it would be important to have a higher court determine whether this criminal statute is adequate to cover the circumstances of this case. If not, then the AG's office will ask the Legislature to amend this law.