Murder suspect seeks transfer from DOC's Mangilao facility

A pretrial detainee held on murder and robbery charges is requesting to transfer from a prison facility because of fears for his safety.

Domingo Mendiola is currently held at the Department of Corrections Adult Correctional Facility in Mangilao on $500,000 cash bail as he awaits trial for charges of aggravated murder and robbery stemming from the fatal shooting of Sumittra Lairopi on Valentine's Day at Thai Thai Healthy Cuisine Restaurant in Tamuning.

Mendiola, who appeared before Superior Court of Guam Magistrate Judge Jonathan Quan, is requesting to be transferred to DOC's Hagåtña Detention Facility.

Attorney Marsil Johnson, on behalf of Mendiola, requested a transfer because of "dangerous conditions" Mendiola faces. Johnson did not go into much detail at the hearing but referred to a written declaration that gave descriptions of what Johnson observed when he visited Mendiola on Oct. 24.

Additionally, Johnson argued that Mendiola's constitutional rights were being violated.

"He's a pretrial detainee. He hasn't been found guilty of anything, Your Honor, so to put pretrial detainees under situations in which they are in danger of threat or death ... is a violation of his due process rights," Johnson said.

Appearing for the prosecution was special assistant attorney general Curtis Van de veld, who is a private attorney under contract with the Office of the Attorney General.

Although Van de veld did not file a written opposition to the transfer, he asserted the alleged threats Mendiola has received had not been reported to DOC.

Van de veld also appeared with DOC Captain Joey Pocaigue, who confirmed Mendiola never made a request for medical treatment. Van de veld cited precedent, namely a decision by the U.S. Supreme Court regarding placement of inmates, in his attempts to argue the motion for a transfer should be denied.

"That's why this motion fails on its face is because there is nothing that shows anything about these complaints having been made and brought to the attention of the Department of Corrections," Van de veld said.

Johnson was given a chance to respond and objected to the arguments because Van de veld had not put any of the arguments in writing for Johnson to review.

As a result, Quan agreed and decided to give Johnson and Van de veld more time to brief the issue, and Quan scheduled a hearing for Nov. 22.