Anthony Morcilla released to third-party custodians

by Jolene Toves

Guam - A Superior Court of Guam senior probation officer accused in the death of his daughter will be released from detention. Chief Probation Officer Anthony Morcilla has been released to third-party custodians - his father Jose Morcilla and sister Marie Morcilla. According to his defense attorney, Curtis Van De Veld, the federal probation assisted and approved of the arrangement.   

Van De Veld said, "The desire to assure there is no appearance of favoritism there has been a request that the federal probation office review the assessment and it's clear to my understanding that the federal probation office has recommended release to third-party custodians."

We should note Morcilla's brother David, who is a convicted felon, has been allowed to assist in his supervision. Superior Court Judge Alberto Tolentino said, "With regards to the no contact with any known felons, the department will make an exception for the brother who will be assisting Jose Morcilla in the supervision of the defendant. He will be required to report the U.S. Probation Office in person on a weekly basis."

Morcilla is under house arrest but will be allowed to participate in funeral arrangements and interim services for his daughter. Conditions of his release include submitting to drug and alcohol testing. He is also not allowed to be left alone with any minors and must have an adult present at all times.

Morcilla's two-year-old daughter was left in a parked car for seven hours on Wednesday.  Police say the child fell asleep as he went to drop another child to school.  They say Morcilla forgot about the child and found her lifeless on Wednesday afternoon.  She sustained second-degree burns all over her body.   He has been charged with murder, negligent homicide, leaving a child in a motor vehicle and child abuse.

In court today, Attorney Van De Veld argued to dismiss the murder charge saying there was no probable cause to support the charge. Morcilla is scheduled to appear before the court for preliminary hearing on April 12.

During Morcilla's previous hearing the Attorney General's Office had requested that bail be set at $250,000, however, the court set bail for $100,000. His release today also called for a $100,000 personal recognizance bond.