By Hannah D'Avanzo KUAM News

Kobe Onedera For KUAM News

Could there be grounds for a mistrial? It’s only day 3 of Frank James San Nicolas's trial in Superior Court and a motion for mistrial was filed by the defense.

As KUAM News Reported San Nicolas is a local suruhanu and former police officer for the Port Authority of Guam. He’s being accused of sexually assaulting a woman in May of 2020 in Tanguisson.

Government witness and former roommate of the victim, Matthew Sablan testified in court. He claimed to have gone with the victim to file a police report after the alleged incident.

The defense’s motion states “The Government improperly questioned Mr. Sablan in violation of the Court’s order twice stating in different ways, 'Were you there when [the victim] revealed that she was sexually assaulted by [the Defendant] to your mutual friends?”'

It also argues that this specific witness was only permitted to speak on the victim’s demeanor and the Court allowed this as long as the testimony did not contain any hearsay statements.

Trial will reconvene tomorrow at 3 p.m. in Judge Arthur Barcinas' courtroom.