Justice is more than press releases

By Peter J. Santos

What is justice? Black’s Law Dictionary defines justice as “The fair and proper administration of laws.”

Justice demands that legal proceedings are unbiased and laws are applied equally, regardless of a person’s status. In that same vein, the Rule of Law holds that no person is above the law and that even the government must be held accountable.

The Rule of Law requires equal enforcement and independent adjudications. This is why it is said that “justice is blind.”

I often tell students in classes I teach, when I am a guest speaker, or to reporters who interview me after high-profile trials, what I was taught in the military about justice. Justice can look like anything. It can be a conviction, an acquittal, a plea agreement, or a dismissal. As long as the process was fair, then whatever the result, that is justice.

For various factors and concerns, the vast majority of criminal cases, about 95 percent, don’t go to trial. This is true in all U.S. jurisdictions. There may be problems with the evidence, witnesses, or concerns about re-traumatizing victims.

Also, given the volume of criminal cases, it is simply not possible to hold a trial in every case. In many cases, a defendant readily admits to the charges. Plea agreements are compromises with these considerations in mind. Not having a trial saves precious limited resources and gives the defendant the benefit of a lighter sentence. Some charges are dismissed, others are reduced.

Then there are cases where a defendant is truly innocent, the charges are way overcharged, or the defendant does not believe there is sufficient evidence. If the parties make no concessions, the case will go to trial.

I have been a prosecutor and a defense attorney on Guam for the last 11 years. Since becoming a defense attorney in 2020, our criminal justice system has been extremely unfair. It has been unfair in favor of defense. This is because of the mass exodus of attorneys under the previous AG and the even worse mass exodus of attorneys and staff under the current AG.

I believe I am the only defense attorney on Guam who has been complaining that the Attorney General’s Office is making legal defense on Guam too easy.

This is because, although the cards are stacked in favor of the defense, my sense of justice forces me to complain that my opposition is never ready or capable of doing their job. Quite frankly, it’s malpractice.

There have been a record number of acquittals and dismissals based on prosecutorial misconduct and incompetence. As a defense attorney, it is my ethical duty to zealously defend my client’s rights and ensure that the process is fair.

When I was a prosecutor, prosecutorial ethics required me to charge correctly and deal with defense attorneys diligently.

Right now, the Prosecution Division as a whole under AG Doug Moylan is essentially flatlined and the results are disastrous, despite the propaganda press releases and fake news billboards.

For this reason, defense attorneys have an unfair advantage, and what we are seeing on Guam today and for the last three and a half years is, by definition, not justice. It seems counterintuitive that a successful defense attorney is complaining about how his job is too easy. But this is not justice and Guam deserves Justice.

 Peter J. Santos is a candidate for attorney general, he has four combat deployments, he is a former Guam Police Department officer, Army JAG, Military Magistrate, adjunct instructor for legal studies, local prosecutor and now a defense attorney.