Defense seeks appointment of expert witness in DeSoto case

by Mindy Aguon

Guam - Chad DeSoto appeared in the Superior Court of Guam this morning as the court was scheduled to set a trial date. DeSoto is being held behind bars for murdering three people and injuring eleven others during the tragedy in Tumon back in February. 

A trial date hasn't been set yet as the defense recently filed a motion for an expert witness.  That individual, who hasn't been named yet, would specifically assess the methodology, bases and results of the psychiatric evaluation that was conducted on DeSoto by Dr. Michael Kim. According to public defender Eric Miller's motion, the defense needs an expert to review the evidence in this case, particularly the forensic evaluation that determined DeSoto's mental state. 

As we reported he pleaded not guilty by reason of mental illness, disease or defect and a psychological evaluation was conducted but the results were sealed, or kept from the court. The government has until May 1 to file their reply to the defense motion and a hearing will be held on May 15.  The court will also hold another hearing on May 1 to get the status of discovery, or various documents in the case.  Assistant Attorney General Gerald Henderson was asked by Judge Anita Sukola what he was waiting for in terms of discovery, and he replied, "Actually, your honor, the defense sent an e-mail this morning outlining a number of items that they wished. They do have over 400 pages of police reports, but there are some scientific reports, autopsies which I don't know if the filed version has been prepared. We're doing a series of subpoenas to get all the remaining items."

DeSoto sat next to his defense attorney this morning with shackles around his wrists and ankles and looked up once to say "good morning" when the judge addressed him.  He remains in isolation in the Medical Unit and under constant supervision at the Department of Corrections' Mangilao compound.