by Mindy Aguon

Guam - Attorneys for Police Officers David Q. Manila and Anthony Quenga intend to file additional motions to dismiss the third superceding indictment that was handed down last week in the Blue House Lounge prostitution case. Manila and Quenga entered conditional not guilty pleas to the 17 criminal charges that include kidnapping, felonious restraint, promoting prostitution, and criminal sexual conduct and conspiracy.

Both asserted their right to a speedy trial. Manila's attorney, William Pole, has objected to the third superceding indictment as he argues the government didn't have the authority to file new charges and he alleges prosecutorial vindictiveness because the prosecution increased the charges against his client based on the same set of facts that were used to obtain the first two indictments. He also believes the speedy trial clock is not reset with the new indictment and argues the case is on hold until co-defendant Song Ja Cha's appeal to the Guam Supreme Court is resolved.

Cha's attorney, Jeffrey Moots, has argued that the third superceding indictment can't apply to his client since she is appealing the lower court's denial of her motion to dismiss based on double jeopardy.

There has been some argument about whether the appeal automatically stays the pending trial for all of the defendants or some. Prosecutor Nelson Werner has already indicated that if there is a stay in the case, he only wants it applied to Cha as the government is ready to proceed in its case against the two police officers.

Judge Anita Sukola is scheduled to hold a status conference with the parties on April 1 to determine the status of Cha's appeal as well as whether the matter will be set for trial.