Crime victims speak out

by Mindy Aguon

Guam - With thousands of crimes happening on the island each year, several victims of crime spoke out at the Guam Legislature on Tuesday evening.  Their testimonies served as a reminder that there are thousands of victims who not only have a voice but want the government to do more to protect them and keep them informed.

Emotions ran high at Tuesday night's oversight hearing, as crime victims presented impassioned testimony. Natasha Pangelinan, one such person, said, "Being a victim is really hard.  Everybody can say 'It's going to be okay', but deep down in my heart, it's not. It's not a bruise, it's a scar." Monique Baza added, "How could I put my faith and trust in a justice system that only considers me as a case number? My life is not just a vote or a tally mark. And I am most certain that if it had been you or your family member who had been violated, because of your positions, the process in seeking justice would be much more different than what I and many others have had to deal with."

At the request of lawmakers from a roundtable held in March, Attorney General Leonardo Rapadas provided senators with copies of standard operating procedures on how the office deals with victims.  Rapadas testified that his office is overwhelmed. 16 line prosecutors and 10 victim advocates handle more than 10,000 active cases. The a-g admitted that cases fall through the cracks and sometimes victims aren't kept informed, but he maintains the system works. His office has received significant criticism in recent months about their failure to notify victims about plea deals and the dismissal and status of cases.

Rapadas said, "It is important that we hear from victims and their families themselves. Victims have a right to be heard and we've spoken to them and pledged to work with them to make the system better. My office has been challenged to make that system better and we will rise to that challenge."

Rapadas says his office is reaching out to victims groups for ideas.  With such a huge caseload and an increase in violent crimes, senators wanted to know how the office prioritizes where it will deploy its prosecutorial resources. "Priority are the victim cases. The serious cases. The homicides, the sexual assault cases those are the priority cases," he assured.  "We do go after the more serious crimes and prioritize them and put them up at the top."

Concerns were also raised about a number of repeat offenders who are being arrested but the charges are either dismissed or the individual is released soon after they are arrested.  Chief Prosecutor Basil O'Mallan stated, "You have to remember, a police officer is working off of probable cause. Does he have probable cause to make an arrest?  We look at it is there also sufficient evidence provable to get a conviction and that sometimes we feel that, which is the beauty of the system, is we do have review. "

Calling the community a victim of a crisis of confidence, it was clear that both the AG's Office and the Guam Police Department need significantly more funding and both department's agreed to work on improving communication.  

It was also noted that the Criminal Injuries Compensation Fund has more than a half-million dollars available to crime victims.  That money, however, is currently tied up because there are vacancies on the Criminal Injuries Compensation Commission. The Governor's Office in the meantime is reviewing Bill 76, which would allow the AG to use the funds to pay for counseling and other needs of victims until the commission is established.