Defendants in child abuse case seek dismissal

by Nick Delgado

Guam - Three people accused in a shocking child abuse case are asking the court to drop the charges. KUAM News brought you the story several months ago about a family living in squalor in a Mangilao home. 

Appearing before Superior Court Judge Anita Sukola this morning, Jesse, Rhonda and Vanessa Aguero sat by their attorney's and one by one explained why the child abuse charges against them should be dropped. As we reported, police back in April responded to a disturbance along Dagu Lane in Mangilao when they came across several individuals living in a wood and tin shack. The home had a single, dirty mattress and was littered with dirty diapers. Police found a teenager with her 8-month-old child in the home who stated she hardly has any food to eat or feed the kids, and often feeds the baby Kool Aid in a bottle.

Her mother, Vanessa Aguero is accused of holding back the WIC and food stamp benefits that were supposed to go to her daughter and grandchild. Her husband, Jesse has been on pretrial release after posting $5,000 bail days after his arrest. Rhonda is accused of leaving her 3-year-old child with her teenage sister sometimes for days without food.

Despite the police report, Jesse's attorney Randy Cunliffe told the court the 2 counts of child abuse against his client should be dismissed entirely, as he argues the indictment is duplicitous. Cunliffe argues he is unsure what his client his being accused of as the indictment states his client unreasonably caused or permitted the physical or emotional health of the child likely causing death or bodily injury. He argues the indictment provides no facts, and would confuse a jury.

Vanessa's attorney John Terlaje and Rhonda's attorney, Anthony Camacho concurred with Cunliffe's argument. Attorney Camacho called the language in the alleged defective indictment broad and over reaching.

However, Assistant Attorney General Nelson Werner argued there is only one crime being argued in this case. He adds the government is not required to pick a specific act of the alleged crime committed, and he says the indictment is not invalid. Werner adds the one physical act being alleged is the charge of child abuse.

Both Vanessa and Rhonda remain in custody of the Department of Corrections. Judge Sukola meanwhile has taken the matter under advisement and will schedule it for further proceedings one she makes a final decision.