United States v. Anthony T. Santos, Anthony C. Cepeda, Tito Naputi, David Lujan, Vicente M. Santos, Pedro Q. Salas, Juan Q. Salas

Appellants, correctional officers and supervisors at the Guam Territorial Prison, were convicted of depriving certain prisoners of their civil rights in violation of 18 U.S.C. § 242 and of being accessories after the fact, 18 U.S.C. § 3 . Appellants were sentenced and then filed timely notices of appeal.

The facts of this case are in some dispute but may be summarized as follows. On Sunday morning, February 29, 1976, eleven prisoners at the Guam Penitentiary refused to immediately return to their cells after religious services. These prisoners then barricaded themselves in the “North Dormitory” of the prison for several hours. The “demonstration” was a peaceful one up to this time.

Appellant Lujan, Deputy Director at the penitentiary, then called a meeting of the prison guards. The meeting was delayed for a period of time while other off-duty guards could be called in. Some of the off-duty guards may have been drinking prior to their arrival at the prison. At the meeting, Lujan directed the guards to return the prisoners to their cells, and to use force if necessary. Prison guard Payton testified that at least one of the other guards was very angry and had exhorted his fellow…