DOC murder trial delayed as court must hear motion to dismiss

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Guam – It looks like a “law jam” in the trial involving the murder of DOC detainee Manson Ernest. Proceedings are delayed again, as one of the defendants has motioned the court to dismiss charges.

The motion was filed by defense attorney Gloria Rudolph for client Marvin Rechim, who police say began the assault on Ernest.

The trial was already postponed in July and was supposed to begin Monday. However, Rudolph believes Rechim’s speedy trial rights have been violated.

The motion relies on a Supreme Court ruling made just yesterday in the Max Ahn case in which the higher court ruled that delaying trial to conduct further investigation does not qualify as good cause.

Rechim had asserted his right to a speedy trial in February. By law, the court must bring a defendant to trial within 45 days of a speedy trial assertion, unless good cause for delay has been demonstrated.

The trial was initially postponed to give the prosecution time to process DNA evidence with the FBI.

A hearing on the motion to dismiss has been scheduled for next Monday.

SOURCEJolene Toves
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Jolene Toves
Jolene joined the PNC team in 2017, as a producer, co-anchor and investigative reporter covering law enforcement, courts and crimes. Notable coverage includes the Ehlert case, the Mark Torre Jr. trial, the Allan Agababa trial, exclusive pieces on the Life of a Drug Dealer/Addict, and Life behind bars...the story of Honofre Chargualaf and Kevin Cruz. In 2019, she was promoted to Assistant News Director and Lead Anchor. From 2015 to 2017 she served as Public Relations and Promotions Manager, for the Hotel Nikko Guam handling local radio and advertorial promotions, as well as produced and directed tv commercials for the hotel. Prior to this she worked with KUAM for three years as a reporter and segment host. She began her journalism career in 2012, working with Glimpses of Guam contributing to the Guam Business Magazine, R&R magazine, MDM magazine and the Marianas Business Journal.