Superior Court Associate Judge David A. Wiseman has denied former Commonwealth Utilities Corp. board chair Francisco Q. Guerrero’s motion to acquit him or to hold a new trial on 11 charges related to allegations that he sexually abused a female minor. Guerrero has already been convicted in the case.
In an order Wednesday, Wiseman found Guerrero’s motion untimely.
“The court finds no basis to deviate from the rules regarding timeliness of filing of motions, and there has been no request for the court to do so,” Wiseman said.
Last July 10, the jury acquitted the 63-year-old Guerrero of two counts of sexual abuse of a minor in the second degree. Wiseman, however, found the defendant guilty of 11 charges—three counts of assault and battery, five counts of disturbing the peace, two counts of indecent exposure in the second degree, and sexual abuse of a minor in the fourth degree.
Guerrero’s sentencing will be on Sept. 11, 2013, at 9am.
Guerrero, through counsel Brien Sers Nicholas, filed his motion for judgment of acquittal or a new trial on July 22.
The government, through assistant attorney general Margo Brown, opposed the motion. Brown argued that motions for acquittal are inapplicable to bench trials.
Nicholas then asked the court to consider Guerrero’s motion for acquittal or a new trial as a motion for reconsideration.
In denying the motion, Wiseman pointed out that Guerrero had seven days after the jury was discharged to file a motion for judgment of acquittal and also seven days to file a motion for a new trial.
Wiseman said the jury was discharged on July 10, and he entered his finding of guilty on the bench counts that same day.
“Defendant’s motion is therefore untimely,” the judge ruled.
Police said that Guerrero first sexually abused the girl when she was in ninth grade, when she was 14 years old, followed by four other incidents. The last incident allegedly happened at the Veterans Cemetery in Marpi on May 25, 2012, when the defendant fondled himself and touched the girl’s privates.