Federal judge unable to make decision on motion to dismiss drug smuggling case

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Guam – A third re-trial is not unheard of, but whether or not the couple accused of smuggling drugs into the island will be tried for a third time or the case dismissed, is still up in the air.

District Court Chief Judge Frances Tydingco-Gatewood has sent all parties back to the drawing board as she can’t make a decision based on the current motions filed. Citing that she has read the motion for dismissal with prejudice as well as the government’s opposition however, neither are helpful in coming to a decision.

Gatewood stated that at this point she could deny the motion as both parties did not analyze the factors which are pertinent to making her decision. But instead of doing this, she is giving both parties an opportunity to re-file the motion to dismiss and the opposition in a more skillful brief in order for the court to make a decision.

The factor the court would like addressed is whether the court has the inherent authority to be able to dismiss the case and if so under what factors may the court do so?

The defense has until December 12th to re-file their motion to dismiss with prejudice, it will then be argued on January 15th.

The case involves Juanita Moser and Raymond Martinez both are accused of devising a scheme to smuggle eight pounds of methamphetamine into the island from California where they were allegedly caught with the drugs.

The couple has been tried twice in federal court both trials ended with a hung jury.

The court is now being asked to decide whether or not the case will go to trial for a third time or if the case will be dismissed with prejudice to prevent the couple from further prosecution in the matter.

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.