UOG Professor Michael Ehlert believes the statute of limitations on misdemeanor charges has run, but the prosecution argues that it doesn’t apply to public officers.
Guam – UOG Professor Michael Ehlert’s attorney, Jay Arriola, wants the misdemeanor sexual misconduct charges against his client dismissed, noting that the statute of limitations has already run.
The alleged sexual assault occurred on October 31st of 2014. Arriola points out that Ehlert wasn’t indicted until January 2016, three months after the one year statute of limitations had already run.
However, the prosecution says there is an exception to this rule. In court papers, the AG’s Office says public officers are exempt from this law.
In fact, the statute of limitations for misdemeanor charges against a public official is three years after they’ve left public office.
Still, Arriola says this exception does not apply to Ehlert because the alleged offenses occurred at an off-campus event and “at a private gathering which was not sanctioned by the University of Guam.”
Ehlert is accused of sexually assaulting two of his students. He was indicted on charges of two counts of felony third degree criminal sexual conduct, five counts fourth degree criminal sexual conduct as misdemeanors and three counts official misconduct, also as misdemeanors.