People of Guam v Hualde [1999] GUSC 3; 1999 Guam 03 (17 February 1999)

IN THE SUPREME COURT OF GUAM

PEOPLE OF GUAM,

Plaintiff-Appellant,

vs.

DANIEL F. HUALDE,

EDWARD J. AGUERO,
Defendants-Appellees.

Supreme Court Case No. CRA97-017
Superior Court Case No. CF149-95

OPINION

Filed: February 17, 1999

Cite as: 1999 Guam 3

Appeal from the Superior Court of Guam
Argued and Submitted on October 6, 1998
Hagåtña, Guam

Appearing for Plaintiff-Appellant: Appearing for Defendant-Appellee Hualde:

Leonardo M. Rapadas, Esquire David J. Highsmith, Esquire
Office of the Attorney General Highsmith & O=Mallan, P.C.
Prosecution Division 134 Chalan Santo Papa, Suite 204
2-200E Judicial Ctr. Bldg. Hagåtña, Guam 96910
120 W O=Brien Dr.
Hagåtña, Guam 96910

Appearing for Defendant-Appellee Aguero:

Jeffrey A. Cook, Esquire
Cunliffe & Cook
A Professional Corporation
210 Archbishop Flores Street, Suite 200
Hagåtña, Guam 96910

BEFORE: PETER C. SIGUENZA, Chief Justice, JANET HEALY WEEKS and EDUARDO A. CALVO, Associate Justices.

SIGUENZA, C.J.:

[1] The issue raised in this appeal is whether the trial court committed error when it suppressed Appellees= statements to the Guam Police Department (GPD) upon finding that the Appellees did not make a knowing, voluntary and intelligent waiver of their Miranda rights despite rendering a decision, in an earlier motion to suppress, that the Appellees did make a knowing, intelligent and voluntary waiver. We find that the trial court abused its discretion by essentially re-litigating an issue it had already decided in the earlier motion to suppress without justification; and that it erred in ruling that the respective confessions and video re-enactments should be suppressed.

FACTUAL AND PROCEDURAL BACKGROUND

[2] On or about September 28, 1990, a Korean male was beaten to death at a local beach. The crime remained unsolved until a break in the case occurred five years later and information had been received of the involvement of Edward Demapan in the homicide. On March 28, 1995, Appellee Hualde was arrested along with Edward Demapan at the construction site of a department store. Drug paraphernalia was found in the vehicle that they were in and they were brought down to the Guam Police Department (GPD) headquarters at Pedro=s Plaza for questioning. Demapan subsequently provided a statement to officers of the involvement of Hualde and Appellee Aguero in the 1990 homicide.

A. Hualde=s Statements

[3] Hualde was advised of his Miranda rights and had executed a Custodial Interrogation Rights Form indicating that he understood and waived his rights. GPD officers proceeded to interview him. Hualde testified that, although he thought he would be questioned about a drug charge, he was initially told that he was being held as a suspect for a beating. Hualde, at first, denied any involvement in any kind of beating; however, he then gave information of an assault on a Korean male which ultimately concluded at the homicide crime scene. He prepared a written statement. An hour later, Hualde provided a more detailed written statement of the incident. He was thereafter charged with Murder. Finally, Hualde provided a re-enactment of the incident that was video-taped by the GPD.

B. Aguero=s Statements

[4] Appellee Aguero was also arrested on March 28, 1995. He was advised of his Miranda Rights via the Custodial Interrogation Rights Form and he executed the waiver provision. Aguero initially denied any knowledge or involvement in the 1990 homicide and a written statement reiterating his position was prepared for him by the interviewing officer upon Aguero=s request. The next day, an officer allowed Aguero and Hualde to meet with each other for a brief period. Afterwards, Aguero requested to speak with the police and then proceeded to provide the police with a detailed account of the 1990 incident. The interview was tape-recorded at Aguero=s request. He later provided a re-enactment which was also video-taped.

[5] On April 6, 1995, an Indictment was returned and the Appellees were charged with Aggravated Murder (As a First Degree Felony), and with Conspiracy to Commit Aggravated Murder (As a First Degree Felony).[1] On May 11, 1995, Hualde sought to suppress the various incriminating statements given to officers of the GPD. Hualde=s motion to suppress was premised on the theory that his waiver was procured by promises made to him by the police, that the police had instructed him as to the content of his written statement, that he was coached by the officers when he provided the videotaped re-enactment, and that he was under the influence of a controlled substance. Shortly thereafter, Aguero filed a motion to suppress that was premised on the theory that promises were made by the police to secure his confessions. The primary focus of each of the motions was the issue of whether the respective statements of the Appellees were made after a knowing, voluntary and intelligent waiver of their Miranda rights.

C. First Suppression Hearing

[6] An evidentiary hearing on Aguero=s motion was conducted on July 26, 1995.[2] The court denied Aguero=s motion based on his opportunity to hear the testimony and observe the demeanor of the witnesses. The judge indicated a concern as to the credibility of the officers with respect to how the advisement of rights was administered and how the waiver was obtained and that the case may not have gone forward had the testimony of the officers been the only evidence presented to the court[3]. However, the court, after its consideration of his testimony and tape-recorded confession, was convinced that Aguero was able to make a knowing, voluntary and intelligent waiver of his rights.[4]

[7] The evidentiary hearing on Hualde=s motion began on August 1, 1995.[5] At the end of the hearing on August 3, 1995, the court was informed that Hualde would be entering a change of plea. Subsequently, it appeared that he did not want to change his plea and new counsel was appointed to represent him.

[8] Approximately five months later, on January 24, 1996, the evidentiary hearing continued on Hualde