The trial of former Department of Corrections Officer Brian Andrew Whalen has been put on hold after Superior Court Judge Maria T. Cenzon raised concerns over a last-minute amendment to the indictment.

Whalen is accused of helping his brother, inmate Ezekiel John Whalen, smuggle methamphetamine and chewing tobacco into the Hagåtña Detention Facility. Prosecutors allege the contraband was hidden inside boxes of candy.

Judge Cenzon questioned whether the amended indictment, which broadened the official misconduct charge, could affect Whalen’s ability to defend himself. She vacated the trial start date and canceled jury selection until the issue was resolved.

Whalen faces five charges, including three felonies, and could spend up to 18 years in prison if convicted. His brother faces up to 17 years.

The case remains stalled while the court decides if the indictment must go back to the grand jury and whether special prosecutor Curtis Van de Veld will continue. 

No new trial date has been set.