Convicted child rapist seeks release from prison pending appeal

The man on the attorney general's billboards is fighting to get out of prison. Convicted rapist Duayne Peters made such a request, as he will also fight his 30-year prison sentence in the high court. A Superior Court judge is now mulling over Peters' request. 

Peters went back before Superior Court Judge Arthur Barcinas today. Defense attorney Joshua Walsh contends his client should be freed, at least until justices in the Supreme Court of Guam hear and rule on his appeal. "I sort of learned a long time ago not to sort of presume what a judge is going to do," Walsh commented, "but I can tell you what the legislature's law says, I think makes it pretty clear that an individual or an appeal should be able to be out pending the appeal."

Peters was convicted of repeatedly raping a girl known to him. He was sentenced to 30 years. His defense is now fighting the guilty verdict and the sentencing. 

Peters' request came down the same week the Attorney General’s Office erected its latest billboard campaign with his face on it. Attorney Walsh contends not only does his client have a legal right to be released, telling the court, “Him being in jail, I think also proves another point, he self-surrendered knowing full well that his appeal was filed. So this idea that he's somehow a flight risk or is going to leave an island when he doesn't have a passport. He has shown up to everything. He doesn't meet any of the any of the statutory concerns that the legislature…no violations, no issues, he self-surrendered his order. He's monitoring capable. He's got no prior record.”

Walsh added he needs more time to discuss the appeal with Peters - outside of the prison. But, prosecuting attorney Christine Tenorio opposed the request. Tenorio stated that letting Peters out into the community would be a risk. 

She argued, “There are other minor female children out there. I’m having difficulty wrapping my head around that you're interpreting this bail law to say that people who have been convicted of first-degree and second-degree sexual conduct against children shall be released. Because at that presumption the legislator while they enacted this law, they've also enacted so many other laws, harsher sentences for these types of offenders. Accepting them from the safety and safety valve for this reason and they can almost guarantee that if this happens,there will be legislation to address this very situation.”

Barcinas is expected to issue a decision soon.