Cha refuses to answer to third superceding indictment

by Mindy Aguon

Guam - Did the Superior Court of Guam have jurisdiction to accept a third superceding indictment in the Blue House Lounge case while an appeal is pending in the Supreme Court?  Depending on who you ask, you'll get different answers.

The Attorney General's Office believes it has complied with the rules in pursuing the additional charges against former Blue House Lounge owner Song Ja Cha and Police Officers Daivd Manila and Anthony Quenga. Judge Alberto Tolentino determined that based on his review of case law, having today's arraignment hearing would not result in any resolution of the case and therefore wouldn't subject cha to any double jeopardy but her defense attorney wasn't convinced. 

Attorney Randy Cunliffe argued that the attorney general had no authority to go before the grand jury because it had no jurisdiction which he argues makes the indictment void. "It's also our position that the court had no jurisdiction to hear that return of the indictment because the matter was on appeal. The jurisdiction to even entertain that is void. On behalf of my client we will not be answering to this indictment," he stated.

Pursuant to the rules, the court entered a not guilty plea on Cha's behalf.  Assistant Attorney General Nelson Werner meanwhile indicated that they will file an emergency motion to dismiss Cha's appeal, alleging lack of jurisdiction because a motion for a stay was never obtained by the superior court.

An ex parte motion was filed by the prosecution asking the court to sever the trial of Cha and the police officers because of the pending appeal. Concerns have been raised that any further delays in the trial could result in witnesses no longer being available.

Meanwhile Attorney William Pole, who represents Police Officer David Q. Manila, filed another motion to dismiss alleging his client's First and Sixth Amendment rights have been violated.