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12 23Fri11282014

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Back Local News Nimitz home invasion case delayed for cause

Nimitz home invasion case delayed for cause

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SUPERIOR Court Judge Maria T. Cenzon has granted the government’s motion to delay the jury selection and trial of the case against the three suspects in the Nimitz Hill home invasion due to the unavailability of a key witness – the victim who is off island for medical treatment.

Raymond Torres Tedtaotao, 44, Anthony Paul Mendiola, 38, and their minor accomplice was scheduled to appear in court yesterday. However, Assistant Attorney General Brian D. Gallagher requested a continuance to allow the victim to receive off-island treatment for injuries she sustained during the April 20 home invasion.

The victim earlier had brain surgery as a result of the head trauma she sustained after the suspects reportedly attacked her.

According to Gallagher, the victim is currently undergoing therapy for approximately six and a half hours on a daily basis. The prosecution said it needs more time to obtain more information on the victim’s medical condition.

Judge Cenzon found good cause to continue the trial and exclude the period of delay from the calculation of the 45-day limitation period.

The 45-day limitation period pertains to the speedy trial right asserted by the defendants.

DNA

The court also allowed the continuance to give additional time for the prosecution to conduct DNA testing on defendant Tedtaotao as part of the requested discovery of the government attorney.

The earlier request for a buccal swab of Tedtaotao was delayed due to the absence of his attorney. With Attorney Sam Tekker appointed as Tedtaotao’s lawyer, the collection of specimen and DNA testing can proceed.

The government has requested the court to delay the trial for six months, but Judge Cenzon said the government needs to provide justification for the request to ensure the defendants' speedy trial rights will not be violated.

Judge Cenzon ordered the government attorney to provide the justification for the six-month delay on the next hearing which is scheduled for July 1 at 2 p.m.

Tedtaotao, Mendiola and Cruz are facing charges of attempted murder, guilt by complicity to commit attempted murder, first-degree robbery, aggravated assault, and burglary as a second-degree felony.  

The magistrate complaint on the case stated the three defendants drove up to the Piti residence on April 20, broke into the home, and knocked the woman onto the ground. Tedtaotao allegedly hit the woman in the face with a gun and duct-taped her mouth, arms and legs. The minor allegedly took a duffle bag and stuffed it with cloth and a camera while Mendiola allegedly took two laptops.  Tedtaotao has an active theft case in relation to the Crown Bakery abduction and assault. He was summoned on April 25 for violating his probation prior to his latest arrest.

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