Guam – Third time is a charm, at least that is what the prosecution is hoping as they have dismissed the charges against the couple accused of attempting smuggle 2 million dollars worth of methamphetamine into the island. In hopes that the government in California will have a better chance of securing a conviction in the place they were allegedly discovered with the stash.
The couple now waits in federal custody to be removed from Guam and transported to California where they will await a third trial in the matter. Its been a whirlwind of circumstances leading up to Raymond Martinez and Jaunita Moser’s case being prosecuted in California. Paving the way for the couple to be tried for a third time without double jeopardy being applied, prosecutor Fred Black was granted a motion to dismiss the charges without prejudice following two trials ending in a hung jury.
One factor contributing to the case being tried in the states is the possibility of jury tampering having occurred locally, however, if that was the case at least two jurors would have had to believe that they were in danger.
Secondly, two trials have come and gone with no conviction a third trial here on island would require the prosecution to offer new evidence which the couples legal counsels state has not occurred.