Guam – Illicit friendships, government corruption, lack of credibility and entrapment are the alleged grounds on which the case against a couple accused of drug trafficking is based on according to the defense.
Raymond Martinez and Juanita Moser are accused of attempting to smuggle 8 pounds of methamphetamine into the island from California. But it was the government’s lead witness Henry Alvienda and several law enforcement officers that were in the hot seat as Moser’s attorney David Lujan asserted to the jury that the evidence will show that the investigation was riddle with corruption.
He first focused on impeaching the credibility of Alviendia a former corrupt Customs and Quarantine agent, who took bribes, kickbacks and gratuities from vendors. After signing a plea agreement with the government, he allegedly went undercover for Homeland Security and worked with Martinez and Moser to bring in the drugs.
He then turned his sights on impeaching the credibility of Homeland Security Special Agents Erfel Montaguihan, Mathew Hernandez, Torrence Police Department Officers Anthony Chavez, and Ryan Schmitz. The basis of the argument centered around a GPS tracking device which was allegedly placed on the defendants’ rental van without a warrant. He says a warrant was not sought until after the device was placed on the vehicle.
According to Lujan there was “total silence” as none of the officers mentioned the device. He further stated that the lies were made through open denial and omission of the information. Lujan cites a statement made in court by former US Attorney Clyde Lemmons after a consulation with Montaguihan, “assuring the court that no GPS device was used.” He further shared a memo from Lemmons in which he shares that a GPS device was in fact used stating that he was going to get to the bottom of this, and “needless to say this is a situation I do not like being in.”
Lujan stated that grounds for entrapment were present as Schmitz was tasked with finding probable cause to pull over Martinez and Moser. Lujan further alleging that the GPS tracker on the van was dosed in methamphetamine. Citing that testimony from California K9 officer Daniel Richie would show that the device was knocked down by the K9 dog during the search.
Lujan shared that while Montaguihan allegedly wanted to find the source of the drugs no effort was made to find the source. However, every effort according to Lujan was made to cover up the GPS tracking device.