by Mindy Aguon

Guam - Allan Agababa asked to be released from jail today and his defense attorney indicated his intentions to file a motion to dismiss the case altogether. Agababa is being held on $1 million cash bail, accused of murdering his mother, Shelly Bernstein, who was found dead inside her Tamuning apartment.

The defense argued that Agababa is not a flight risk and has no prior criminal history. They asked the court to release him to two third-party custodians, his grandfather and his mother's best friend.

The request was denied and a motion for reconsideration was immediately made. While the parties await a written decision, the defense will file a motion to dismiss the case arguing there is no evidence that links Agababa to the murder.

Trial was set for March 19 with the court to hear the motion on January 7.