Guam – The case involving the murder of DOC Detainee Manson Ernest has been dismissed without prejudice, but out of the nine DOC detainees implicated for the murder the case remains open for one.
Early on in the case Jimmy Moses Hadley took a plea deal with the government pleading guilty to misdemeanor assault. Hadley is allegedly one of nine men who beat DOC detainee Manson Ernest at the Hagatna Detention Center. He was indicted on the charge of murder and conspiracy.
As part of the plea agreement Hadley will have to testify against the co-actors in the case. They are Marvin Rechim, Benster Benjamin, Isler Miller, A-Last Simiron, Jeremiah Isezaki, Vimson Menisio, Albert Santos and Andrew Rios Jr.
But the case was dismissed without prejudice after a Supreme Court ruling in a separate case found that delaying a trial for further evidence gathering is not an acceptable reason to violate the right to a speedy trial.
The question before the court is how to move forward with the Hadley’s case now that it has been dismissed, and there is no one to testify against as outlined in the plea agreement.
The case can go two ways, one the attorney generals’ office can re-charge the defendants in a superseding indictment or second, Hadley may retract the plea of guilty to misdemeanor assault.
In court this afternoon, the government made it clear that once DNA lab test results from the FBI are received they intend on opening a new case against the defendants. This means that for now, Hadley’s plea agreement will remain intact and he will continue to assist the government in the case against the other co-defendants.
For murder there is no statute of limitations therefore the charges can be brought against the defendants in a new case at any time new evidence is presented.