Guam News - Guam News

Guam- The case against 25 year old Thomas Michael Quidachay has been dismissed by the magistrate judge.

Quidachay was accused of forcing 6 different minors to watch a pornographic video in September 2009 and was charged with 6 counts of "Use of One's Child in Obscene Acts" as a 1^st Degree Felony. At the time, he was the Director of the HATSA After school Program at the Ordot Chalan Pago Mayor's Office. 

READ the Magistrate's report detailing the AG"s charges against  Quidachay [scroll down, 4th one down]

According to Attorney General's Office Spokesperson Carlina Charfauros, the AGO raised objections over the lack of probable or reasonable cause on charges against the Mongmong resident.

In a statement, Charfauros says the AG's Office may consider taking an appeal against the dismissal because a higher court has to determine whether or not the "Use of One's Child in Obscene Acts" is adequate to cover the circumstances of this case. She also states if that doesn't happen, the AG's Office will ask the legislature to amend the law.

READ the AG release in FULL below:

The magistrate judge dismissed the case against Thomas Michael Quidachay over the objections Office of the Attorney General’s essentially for lack of probable or reasonable cause on the charges entitled “Use of One’s Child in Obscene Acts.”

We respectfully disagree with the court that there is no violation of 9 GCA§ 28.52 when an adult operating an after school program for elementary and middle school children forces these children to watch obscene video material and also videotapes these children’s reactions to the obscene video material. It’s important to note that this crime “Use of One’s Child in Obscene Acts,” is defined as follows:

A person is guilty of a felony of the first degree if while having custody or control of any child under the age of sixteen (16) years, he shall knowingly permit that child to be used in or be a party to any material or performance that is obscene.

The AG’s Office is considering taking an appeal or writ against the dismissal as it would be important to have a higher court determine whether this criminal statute is adequate to cover the circumstances of this case. If not, then the AG’s office will ask the legislature to amend this law.