All but one of the Department of Corrections officers charged in connection with a major contraband scheme at the prison are expected to plead guilty to misdemeanor charges in the Superior Court of Guam. Judge Anita Sukola made the announcement, as she reviewed the remainder of the plea agreements filed with the court.
Former corrections officers Franklin Rosalin and Fermin Maratita appeared for a further proceedings hearing in Sukola's courtroom on Tuesday.
Rosalin's attorney, Anthony Perez, told the court the defendant has agreed to plead guilty to official misconduct.
"Everything else will be dismissed," Perez said.
"Ai, AG," said Sukola. "OK. I will give you a change of plea."
Rosalin is scheduled for a change of plea hearing on Aug. 1.
He is the latest of the co-defendants to strike a deal with the government to agree to the official misconduct charge.
Maratita, also a former corrections officer, also appeared in court.
He pleaded guilty in November 2017 of receiving bribes and possessing methamphetamine while employed as a guard at the Adult Correctional Facility in Mangilao.
He agreed to cooperate with the government in the prosecution of the other suspects in the alleged contraband-smuggling conspiracy at the prison.
He's waiting for sentencing.
"I want him to know all those that were there as guards are getting official misconduct," Sukola said. "So your client is getting the worst of all of them."
During the hearing, the judge told Maratita's attorney, Doug Moylan, the status of the case for the other former officers who were charged.
"I just want him to know that we do have a plea agreement for Jerome San Nicolas. Then we have a plea agreement for Jeffrey Limo. And Mr. Moylan, I just want you to know they are all going to get off on official misconduct," Sukola said. "Limo would be pleading guilty to official misconduct and everything will be dismissed. He will have to testify against your client and all the other co-actors. Rosalin is getting a plea agreement – notwithstanding all the hoopla at DOC – to official misconduct. I believe those are all misdemeanors. From the serious felonies down to misdemeanors."
"Your honor, we believe he was the catalyst that caused everybody else to plead out," Moylan said.
Maratita was among 13 people, including six DOC officers, indicted in September 2017 in an alleged scheme to bring meth, cellphones and other contraband into the Mangilao prison for two maximum-security inmates.