Gutierrez v Charfauros [2002] GUSC 7; 2002 Guam 07 (16 May 2002)

IN THE SUPREME COURT OF GUAM

GERALDINE T. GUTIERREZ, CARLA H. GUTIERREZ,
HANNAH M.T. GUTIERREZ, and CARL T. GUTIERREZ, II
Plaintiffs/Appellees/Cross-Appellants.

vs.

MARK C. CHARFAUROS,
Defendant/Appellant/Cross-Appellee.

OPINION

Supreme Court Case No. CVA00-001
Superior Court Case No. CV0796-97

Filed: May 16, 2002

Cite as: 2002 Guam 7

Appeal from the Superior Court of Guam
Argued and submitted on May 14, 2001
Hagåtña, Guam

For Plaintiffs/Appellees/Cross-Appellants: Sandra D. Lynch, Esq. Brooks Lynch & Tydingco, LLP Suite 101, C&A Professional Bldg. 259 Martyr St. Hagåtña, Guam 96910

For Defendant/Appellant/Cross-Appellee: Curtis Van de Veld, Esq. Moylan & Van de Veld Suite 213 Union Bank Bldg. 194 Hernan Cortez Avenue Hagåtña, Guam 96910

BEFORE: PETER C. SIGUENZA, JR., Chief Justice[1]; JOHN A. MANGLONA, Designated Justice; RICHARD H. BENSON, Justice Pro Tempore.

SIGUENZA, C.J.:

[1] Members of Governor Carl T.C. Gutierrez=s immediate family brought suit for defamation of character against Senator Mark C. Charfauros for statements he made to the local news media. Senator Charfauros filed a counter-claim for defamation of character against the First Lady of Guam, Geraldine T. Gutierrez for a statement she made at a press conference in response to Senator Charfauros= remarks. The jury found Senator Charfauros liable for slander and libel against Geraldine T. Gutierrez, Carla H. Gutierrez, Hannah M. Gutierrez, and Carl T. Gutierrez II. He appeals the verdict against him. The jury also found Geraldine T. Gutierrez liable for slander against Senator Charfauros. She cross-appeals the verdict against her. Upon review of the issues, the Judgment against Senator Charfauros is vacated and the matter is remanded for a new trial. The Judgment against Geraldine T. Gutierrez is affirmed.

I.

[2] The Defendant/Appellant/Cross-Appellee Mark C. Charfauros (ACharfauros@), a senator of the Guam Legislature at the time of the incident, transmitted a letter to the Attorney General of Guam and participated in an interview with a local television station (AKUAM@) wherein he made statements regarding the involvement of Governor Carl T.C. Gutierrez=s immediate family in a drug bust at the Golden Motel, Tamuning, Guam. Charfauros stated:

I think that particular police raids a . . . it was alleged that one of the members of the Governor=s immediate family was apprehended as one of the groups of individual taken in. A certain police officer . . . as a favor to the Governor basically removed this family member and made sure that there was no reference to this incident... leading back to the Governor=s office or the Office of the Governor.

Yes... But basically several months ago, we received... a tip that an incident had occurred in regards to a sting operation at the Golden Motel and that this sting operation netted a close family member of the Governor=s family.

At a subsequent press conference, Plaintiff/Appellee/Cross-Appellant Geraldine T. Gutierrez (AGeraldine@) denied Charfauros= statements and stated: Ait would take a very sick liar to make this up.@

[3] Charfauros= refusal to retract his statements led Geraldine, Carla H. Gutierrez (ACarla@), Hannah M. Gutierrez (AHannah@), and Carl T. Gutierrez, II (