Federal defendant Evan Montvel-Cohen has asked a District Court of Guam judge for more time to prepare for the evidentiary hearing that is scheduled for the end of this month.
Assistant Federal Public Defender Briana Kottke filed the motion Friday to postpone the hearing for approximately one month.
“Montvel-Cohen has an absolute right under both the Fifth and Sixth Amendments of the United States Constitution to prepare a defense when presented with the potential loss of liberty. The petition to revoke his pretrial release presents such a potential loss of liberty,” the defense motion states.
The former Guam radio and marketing executive, who is accused of aggravated identity theft and wire fraud, was accused of violating his pretrial release conditions when he and his third-party custodian allegedly failed to let probation know he had relocated to another residence.
Montvel-Cohen denied the allegation that was made by U.S. Probation, and argued that the defendant had just been released from the hospital.
The court has yet to decide on the request.
Assistant U.S. Attorney Benjamin Petersburg objected to the motion, court documents state.
Montvel-Cohen has been charged with aggravated identity theft and wire fraud after being accused of offering a man a job at his advertising firm, C2 Social, in the summer of 2019.
He sent the victim a check to move to Guam, but the check bounced during the victim's travels.
Montvel-Cohen was then accused of using the victim’s personal information to rent a house in Tamuning and leaving the rent unpaid.