Prosecution rejects child molester's request to serve time on the weekends

Orlando De Vera, the man accused of sexually abusing a young girl known to him, walked out of a Superior Court of Guam courtroom Friday afternoon after learning he now has to wait at least two more weeks to learn his fate.

De Vera, who pleaded guilty to third-degree criminal sexual conduct, stood before Judge Dana Gutierrez for a sentencing hearing.

His defense asked the court for leniency, that however long he has to spend in prison, De Vera be allowed to serve it on weekends.

Assistant Attorney General Christine Tenorio told the court the request brings legal issues with it.

“It is the government's position that that is not allowable. It’s not specifically allowed under the law," she said. “The statutes that does cover it I have briefed in my sentencing memorandum, and we believe that the situation here is not applicable.” 

Defense attorney Stephen Hattori argued other defendants have been granted similar requests.

Gutierrez will now mull over the arguments from both sides.

“So I don’t know that there is a legal dispute so much, but it sounds like, if I'm interpreting the parties' position correctly, the government’s position is that it’s allowed in limited circumstances and the defenses’ position is that nothing permits it, but nothing prevents it," she said.  

De Vera was arrested in 2019 after being accused of molesting and abusing the victim starting when the child was only 8 years old. The incident also occurred while another child was in the room 

For now, De Vera remains freed - ordered to follow conditions of his release set by the court, which includes staying away from the victim.

He is back in court for sentencing set for May 3.