Mother feels let down by legal system, pleads for help

A motion hearing has been set for tomorrow for criminal sexual conduct defendant Please David’s pre-trial release. Mother of the two minor victims, Amy Whang, says she’s been left in the dark and is begging the Office of the Attorney General for assistance.

"Have other people gone through the same thing I’m going through? Because it is very frustrating, my oldest daughter the rape victim, she feels she is not going to get her justice," said Whang this morning on The Link. Feeling defeated before heading into trial, she's voicing concerns with the prosecution attorneys handling her minor daughters’ case.

According to KUAM archives, 20-year-old David was arrested for allegedly raping a 13-year-old girl at an apartment complex between October and November of last year. Further stated in a magistrate’s complaint, David allegedly threatened the girl’s younger sister with what appeared to be a pick axe. David was charged with 1st and 2nd degree criminal sexual conduct and terrorizing.

Whang says her daughters were very frightened and intimidated to speak up, and initially did not want to file a complaint with the Guam Police Department.

She detailed, "There was consistent checking up on from the attacker and so they are very scared for their life, my life, their father’s life, their family, and themselves of course. But I wanted my daughters to speak up, have a voice. Enough is enough."

Having enough, Whang tells KUAM she was informed just a couple days ago by the AG advocate assigned to the case that the perpetrator is being released to a third party custodian on Friday, December 4.

Additionally, she says there’s been a last minute change in prosecuting attorney’s by the Office of the Attorney General. "I have met three different prosecuting attorneys for my daughters," she said. "We are about to start trial this month and we are getting a new one. I haven’t even met her yet."

"I don’t know anything…I’m in the dark."

Seeking answers and an opportunity to oppose the release, Whang says she has made numerous calls and visits to the OAG, having sat outside the office doors for hours waiting to see Attorney General Leevin Camacho. And she had this message to share to Camacho himself: "No, I am not an attorney. No I am not…I don’t have a law degree, but at the same time Mr. Camacho or whoever is listening to this or does see this, I am a mother of two minor daughters and all the other victims out there in the world not just Guam, imagine how we feel."

Listening in, AG Camacho explains that just yesterday the government was informed the Superior Court of Guam is lifting the tolling of both speedy trial and any indictments or grand jury proceedings. He said, "So we were also caught off-guard when we received notice yesterday that about a dozen cases have been set for scheduling on jury selection and trial," he said.

"So if you are just finding out Amy, join the club. We are also just finding out because there is a lift now and are requiring superior court judges to take these cases to trial. As of right now, my understanding is there are only two court rooms that are available for jury selection in felony cases," he said.

As for the change in attorneys, Camacho explained, "The way we are structure internally we have someone who is overall for criminal sexual conduct case. We have a lead prosecutor who oversees all of those cases. But we have seven courtrooms and we have 18-19 prosecutors. So the way we have the staff and judges have also requested this, we have courtroom teams."

The OAG informs KUAM they plan to make oral arguments tomorrow opposing the defendant’s release in Judge Elyze Iriarte’s courtroom. Further the OAG assures that Assistant Attorney General Lenny Rapadas remains the lead on the case, however due to the change in courtroom AAG Rochelle Canto is presenting arguments during the motion hearing.

"So we can go in and we can argue that they should not be released based on the charges, but if a judge decides to release and to a third-party custodian that’s really beyond what our office can do," he said. AG Camacho apologized for not directly answering Amy and any miscommunication along the way.

And while her daughters feel the case is over, this mother fights on. "I am on air begging you," she pleaded, "I know it's hard to look up my daughter's case or my name or my information and I am not trying to embarrass you, but I am begging you for some type of stability for my daughters."